12:56:14:05.  Bulk repackaging. Bulk repackaging for distribution must meet the following requirements:

          (1)  The establishment receiving the transfer or delivery of the bulk pesticide must be in compliance with Section 7 of the Act (registration of pesticide-producing establishments);

          (2)  A representative of the receiving establishment must be present both when the product is received and when it is repackaged for sale;

          (3)  There is no change in the following:

               (a)  Pesticide formulation;

               (b)  Product labeling, except for the addition of the assigned EPA establishment number of the repackaging site and the net contents statement; and

               (c)  Identity of the manufacturer or registrant accountable for the integrity of the product, as evidenced by the assigned EPA product registration number;

          (4)  A written letter of authorization for bulk repackaging from the registrant must be on file at each repackaging establishment; and

          (5)  Containers and accessory equipment used for the storage and handling of bulk pesticides must be of materials and construction compatible with the pesticide stored and the conditions of storage as specified by label instructions;

          (6)  Each individual establishment that repackages a pesticide product into a refillable container for distribution or sale must maintain all applicable records. The establishment must furnish these records for inspection and copying upon request by an employee of the Environmental Protection Agency (EPA) or any entity designated by EPA, such as a state, another political subdivision, or a tribe. For each pesticide product distributed or sold in refillable containers, both of the following records must be maintained for the current operating year and for three years after that:

               (a)  The written refilling residue removal procedure for the pesticide product;

               (b)  The written description of acceptable containers for the pesticide product;

          (7)  Each time a refiller at an establishment repackages a pesticide product into a refillable container and distributes or sells the product, the following records must be generated and maintained for at least three years after the date of repackaging:

               (a)  The EPA registration number of the pesticide product distributed or sold in the refillable container;

               (b)  The date of the repackaging;

               (c)  The serial number or other identifying code of the refillable container.

          Source: 12 SDR 96, effective December 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 13 SDR 183, effective June 7, 1987; 38 SDR 40, effective September 20, 2011.

          General Authority: SDCL 38-20A-36, 38-21-15, 38-21-51.

          Law Implemented: SDCL 38-20A-36, 38-21-15.