Flow Chart 2

Link to printable pdf







End Notes:

  1. The volume of 119 gallons is based on the Department of Transportation (DOT) regulations and specifically the cutoff between non-bulk and bulk packagings.  This flow chart covers intermediate bulk containers (IBCs), which are a type of bulk packaging.  (49 CFR 171.8)
  2. This flowchart is intended to provide general guidance.  See the regulations in 40 CFR Part 165 for complete details.  This flowchart is based on the scenario that a refiller at a registered producing establishment (40 CFR Part 167) has a portable refillable container to be filled with a specific pesticide and is trying to determine how to do that in compliance with the refillable container and repackaging regulations.  The scenario assumes that: (a) the facility complies with all of the repackaging regulations in 40 CFR 165.60 – 165.70 (such as having entered into a contract with the pesticide’s registrant); (b) the pesticide is subject to the refillable container and repackaging regulations (e.g., it is not a manufacturing use product or an antimicrobial product that meets all of the criteria for exemption); and (c) the container is subject to the refillable container and repackaging regulations because it is being used to sell or distribute the pesticide (e.g., it is not a service container, which is when an applicator transfers a pesticide into the container for the purposes of that applicator applying the pesticide).
  3. The rest of the information in the DOT marking includes the month & year of manufacture; the country authorizing allocation of the mark; the name & address or symbol of the container manufacturer; the stacking test load; and the maximum permissible gross mass.  Additional information for rigid plastic and composite IBCs includes the rated capacity, tare mass and gauge test pressure. (49 CFR 178.703)
  4. The citations for EPA’s repackaging regulations are from the section for “independent” (non-registrant) refillers in §165.70.  There are comparable requirements for registrants who are refillers in §165.65.
  5. You cannot add the UN symbol or DOT marking to a container unless you have the required test data.  DOT regulations state that a container “may be marked with the United Nations symbol and other specification markings only if it fully conforms to the requirements of” 49 CFR Part 178.  (49 CFR 178.3(b))
  6. The questions regarding cleaning in #9 assume that the container had previously been used to sell/distribute a pesticide and is received by the refiller with the label of that pesticide still on the container.

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Compiled by Carol Ramsay

Washington State University Extension