---
kind: "section"
citation: "40 C.F.R. § 165.27"
title: "40"
number: "165.27"
heading: "Reporting and recordkeeping."
url: "https://uscodex.org/cfr/40/165.27"
---

# §165.27. Reporting and recordkeeping.

- (a) **What information must I report about my nonrefillable containers?** You are not required to report to EPA with information about your nonrefillable containers under the regulations in this subpart. You should refer to the reporting standards in [part 159](/cfr/40/part159.md) of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under FIFRA [section 6(a)(2)](/cfr/40/6.md?p=a-2) ([7 U.S.C. 136d(a)(2)](/usc/7/136d.md?p=a-2)).
- (b) **What recordkeeping do I have to do for my nonrefillable containers?** For each pesticide product that is subject to [§§ 165.25 through 165.27](/cfr/40/165.25..165.27.md) and is distributed or sold in nonrefillable containers, you 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 3 years after that. You must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe. You must keep the following records:
  - (1) **The name and EPA registration number of the pesticide product.**
  - (2) **A description of the nonrefillable container(s) 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 [§ 165.25(d)](/cfr/40/165.25.md?p=d) for each nonrefillable container used to distribute or sell the pesticide product that must comply with [§ 165.25(d)](/cfr/40/165.25.md?p=d):
    - (i) **A letter or document from the container supplier that describes the closure.**
    - (ii) A specification about the closure in the contract between the registrant or applicant and the container supplier.
    - (iii) **A copy of EPA's approval of any non-standard closure.**
  - (4) At least one of the following records pertaining to the container dispensing capability requirements in [§ 165.25(e)](/cfr/40/165.25.md?p=e) for each nonrefillable container used to distribute or sell the pesticide product that must comply with [§ 165.25(e)](/cfr/40/165.25.md?p=e):
    - (i) Test data or documentation demonstrating that the nonrefillable container meets the standards in [§ 165.25(e)](/cfr/40/165.25.md?p=e) when it contains the pesticide product.
    - (ii) Test data or documentation demonstrating that a different nonrefillable container meets the standards in [§ 165.25(e)](/cfr/40/165.25.md?p=e) when it contains the pesticide product or even a different pesticide product and a written explanation of why such data or documentation demonstrates that the container meets the standards in [§ 165.25(e)](/cfr/40/165.25.md?p=e) for the pesticide product.
    - (iii) **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 [§ 165.25(f)](/cfr/40/165.25.md?p=f) if the pesticide product is a suspension concentrate or if EPA specifically requests the records on a case-by-case basis:
    - (i) Test data showing that the nonrefillable container and pesticide formulation meet the standard in [§ 165.25(f)](/cfr/40/165.25.md?p=f) .
    - (ii) Test data showing that a different nonrefillable container with the same or a different pesticide formulation meets the standard in [§ 165.25(f)](/cfr/40/165.25.md?p=f), together with a written explanation of why such data demonstrate that the nonrefillable container and pesticide formulation meet the standard in [§ 165.25(f)](/cfr/40/165.25.md?p=f).
    - (iii) **A copy of EPA's approval of a request for a waiver from the residue removal standard requirement.**

## Notes

### Amendments

[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008]

### Authority

Authority: 7 U.S.C. 136 through 136y.

### Source

Source: 71 FR 47422, Aug. 16, 2006, unless otherwise noted.

### Amendments

[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008]