W. Va. Code R. § 61-12H-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12H-3 - Repackaging and Distribution of Bulk Pesticides

3.1. Bulk pesticides, in bulk quantities, may be repackaged for sale or distribution only when:

3.1.1. the producing establishment conducting the transfer, sale, or delivery complies with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Section 7 (Registration of Pesticide Product Establishments), including a written authorization from the registrant allowing repackaging. Facilities engaged in the distribution of bulk pesticides for purposes of application are not subject to sub-section 3.1 or 3.2 of this rule; however, all other applicable requirements of these rules shall apply to the facility;

3.1.2. a representative of the receiving establishment is present when the product is received and when it is repackaged for sale or distribution;

3.1.3. the container into which the bulk pesticide is repackaged is effectively designed and constructed to hold bulk volumes of the pesticide being repackaged, is clean, is in a good state of repair and meets the approval of the repackager; and

3.1.4. there is no change in the:

a. pesticide formulation;

b. product labeling, except for the addition of the assigned EPA registration number of the repackaging site and net contents statement; and

c. identity of the party accountable for the integrity of the product, i.e., the manufacturer or registrant as evidenced by the assigned EPA product registration number.

3.2. Bulk pesticides may be repackaged for sale or distribution only when:

3.2.1. the repackaging in non-bulk quantities is expressly allowed in the written authorization from the registrant, and may include authorization providing for split-shipment or partial delivery of the pesticide insofar as the sum total of the full shipment or completed deliveries falls within the definition of a bulk pesticide;

3.2.2. the container in which the bulk pesticide is repackaged is designed and constructed to hold bulk volumes of the pesticide, is clean, is in a good state of repair and meets the approval of the repackager;

3.2.3. the sale or distribution is to the end-user of the pesticide;

3.2.4. the sale or distribution is otherwise in compliance with applicable labeling, product quantity, weights and measures, and shipping requirements of these rules, this state, and the federal government; and

3.2.5. Notwithstanding the requirements of 3.1, through 3.3, repackaging or refilling of containers for sale or distribution in non-bulk quantities in non-bulk containers may occur in a bulk pesticide storage facility only when the respective containers are dedicated containers within the scope and definition of these rules and the repackaging or refilling is carried out under a formal, written contractual agreement between the registrant and the repackager, the requirements of 3.4 shall be applicable.

3.3. Pesticides may be repackaged for sale or distribution using only containers which conform with these rules, maintain the integrity of the product, protect the environment, and meet the approval of the repackager of the pesticide.

3.4. Scales and meters used for sale from bulk delivery systems shall meet all requirements for weighing and measuring devices as specified by the Department of Labor.

3.5. Any person repackaging shall prevent adulteration of product when using either meters or manifold systems to dispense pesticides.

W. Va. Code R. § 61-12H-3