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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90280-90281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26671]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0607; FRL-11686-02-OCSPP]

Pesticides; Flexible Packaging; Child Resistant Packaging 
Requirements; Notice of Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In the Federal Register of February 8, 2024, the Environmental 
Protection Agency (EPA or Agency) announced it had determined that 
pesticide products marketed in flexible packaging (e.g., pouches) 20 
fluid ounces or less in size with labeling either directly recommending 
residential use or reasonably interpreted to permit residential use are 
subject to the Child Resistant Packaging (CRP) mitigation measures, 
regardless of acute toxicity requirements, based on the visual 
similarity of the packaging design to children's food products. With 
this document, the Agency is clarifying that the flexible packaging 
intended to be addressed by the determination is the packaging known as 
flexible spouted pouches, also known as a spouted pouch, spouted pouch 
and cap, or fitment pouch. The determination does not apply to non-
spouted flexible packaging such as the flexible packaging of household 
cleaning wipes and pet spot on pipettes or applicators.

DATES: If a registrant has a registered pesticide product in flexible 
packaging that is not compliant with the clarified determination, the 
registrant must contact the appropriate EPA Product Manager by May 14, 
2025.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2023-0607, is available online at 
https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in-person is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this action if you currently market or 
propose to market a pesticide in flexible spouted packages. The 
following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:

 Crop production (NAICS code 111).
 Animal production (NAICS code 112).
 Food manufacturing (NAICS code 311).
 Pesticide manufacturing (NAICS code 32532).

    If you have questions about the applicability of this determination 
to you, please consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

[[Page 90281]]

II. What is the Agency's authority for taking this action?

    EPA is taking this action pursuant to the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., as amended 
by the Pesticide Registration Improvement Act of 2022 (referred to as 
``PRIA 5''), Public Law 117-328, and the packaging requirements for 
pesticides and devices promulgated in 40 CFR part 157.

III. What action is the Agency taking?

    With this document, the Agency is clarifying the scope of the 
determination provided in the Federal Register of February 8, 2024 (89 
FR 8675) (FRL-11686-01-OCSPP), which provided EPA's determination that 
pursuant to 40 CFR 157.22(a)(6) and (b), pesticide products marketed in 
flexible packaging (e.g., pouches) 20 fluid ounces or less in size with 
labeling either directly recommending residential use or reasonably 
interpreted to permit residential use are subject to Child Resistant 
Packaging (CRP) mitigation measures, regardless of acute toxicity 
requirements or labeling indicating the product is considered a 
Restricted Use Pesticide, based on the visual similarity of the 
packaging design to children's food products. EPA has seen an increased 
interest from pesticide manufacturers in the use of flexible spouted 
packaging to store and distribute products, especially insecticides and 
herbicides that residential users can dilute and apply to their lawn 
and garden.
    Subsequent to that publication, stakeholders communicated to EPA 
that the notice created confusion and requested that EPA publish a 
notice that better defines the scope of the products affected by that 
determination. With this notice, EPA is providing the clarification 
requested by stakeholders. Specifically, EPA is clarifying that the 
determination applies to flexible spouted pouches, also identified as 
spouted pouches, spouted pouches and cap, or fitment pouches. It does 
not apply to flexible packaging without a spout, such as the non-
spouted flexible packaging of household cleaning wipes or pet spot on 
pipettes or applicators.
    Taken together, the determination provided in the Federal Register 
of February 8, 2024, and this clarification to that determination, 
further convey to applicants and registrants that CRP is necessary for 
this packaging type at the size limits specified in the determination, 
regardless of acute toxicity, when labeled for or reasonably 
interpreted to permit residential use and will be evaluated in 
applications for new products or for amendment of currently registered 
products submitted under FIFRA section 33, i.e., PRIA-5. Changes to 
packaging to implement CRP measures on existing products must be 
submitted as a PRIA R340/341, A470, or B680/681, not as a fast-track 
non-PRIA amendment, to allow for CRP data review. This document 
provides clarification for `flexible pouches' and does not change any 
of the requirements or recommended mitigations provided in the 
determination of February 8, 2024.
    Authority: 7 U.S.C. 136 et seq.

    Dated: November 4, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2024-26671 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P
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