Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 690 - REGULATIONS FOR PESTICIDE CONTAINERS AND CONTAINMENT UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part II - Nonrefillable Container Standards: Container Design and Residue Removal › Section 2VAC5-690-60 - Reporting and recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part II of this
				  chapter as described in
				  2VAC5-690-40.
B. A registrant is not required to report to
				  VDACS with information about the registrant's nonrefillable containers under
				  the regulations in Part II of this chapter. A registrant should refer to the
				  reporting standards in 40 CFR Part 159 to determine if information on container
				  failures or other incidents involving pesticide containers must be reported to
				  EPA under § 6(a)(2) of FIFRA ( 7 USC § 136d(a)(2) ).
C. For each pesticide product that is subject
				  to 2VAC5-690-50 and
				  2VAC5-690-60 and is distributed or
				  sold in nonrefillable containers, the registrant must maintain the records
				  listed in this section for as long as a nonrefillable container is used to
				  distribute or sell the pesticide product and for three years afterwards. The
				  registrant must furnish these records for inspection and copying within 72
				  hours of request by an employee of VDACS. Registrants must keep the following
				  records:
1. The name and EPA registration
				  number of the pesticide product.
2.
				  A description of the nonrefillable container or containers in which the
				  pesticide product is distributed or sold.
3. At least one of the following records to
				  document compliance with the requirement for closures in
				  2VAC5-690-50 D for each
				  nonrefillable container used to distribute or sell the pesticide product that
				  must comply with
				  2VAC5-690-50 D:
a. A letter or document from the container
				  supplier that describes the closure.
b. A specification about the closure in the
				  contract between the registrant or applicant and the container
				  supplier.
c. A copy of EPA's
				  approval of any nonstandard closure.
4. At least one of the following records
				  pertaining to the container dispensing capability requirements in
				  2VAC5-690-50 E for each
				  nonrefillable container used to distribute or sell the pesticide product that
				  must comply with
				  2VAC5-690-50 E:
a. Test data or documentation demonstrating
				  that the nonrefillable container meets the standards in
				  2VAC5-690-50 E when it contains the
				  pesticide product.
b. Test data or
				  documentation demonstrating that a different nonrefillable container meets the
				  standards in
				  2VAC5-690-50 E when it contains the
				  pesticide product or a different pesticide product and a written explanation of
				  why such data or documentation demonstrates that the container meets the
				  standards in
				  2VAC5-690-50 E for the pesticide
				  product.
c. A copy of EPA's
				  approval of a request for a waiver from the container dispensing
				  requirement.
5. At least
				  one of the following records pertaining to the nonrefillable container residue
				  removal requirement in
				  2VAC5-690-50 F if the pesticide
				  product is a suspension concentrate or if EPA specifically requests the records
				  on a case-by-case basis:
a. Test data showing
				  that the nonrefillable container and pesticide formulation meet the standard in
				  2VAC5-690-50 F.
b. Test data showing that a different
				  nonrefillable container with the same or a different pesticide formulation
				  meets the standard in
				  2VAC5-690-50 F, together with a
				  written explanation of why such data demonstrate that the nonrefillable
				  container and pesticide formulation meet the standard in
				  2VAC5-690-50 F.
c. A copy of EPA's approval of a request for
				  a waiver from the residue removal standard requirement.