---
kind: "section"
citation: "40 C.F.R. § 165.40"
title: "40"
number: "165.40"
heading: "General provisions."
url: "https://uscodex.org/cfr/40/165.40"
---

# §165.40. General provisions.

- (a) **What is the purpose of the regulations in this subpart?** The regulations in this subpart establish design and construction requirements for refillable containers used for the distribution or sale of some pesticide products.
- (b) **Do I have to comply with the regulations in this subpart?**
  - (1) You must comply with all of the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in refillable containers. If your pesticide product is subject to the regulations in this subpart as set out in [§ 165.43](/cfr/40/165.43.md), your pesticide product must be distributed or sold in a refillable container that meets the standards of these regulations. This includes your pesticide products that are repackaged according to [subpart D](/cfr/40/subpartD.md) of this part.
  - (2) You must comply with the regulations in [§ 165.45(f)](/cfr/40/165.45.md?p=f) for stationary pesticide containers if you are a refiller of a pesticide product and you are not the registrant of the pesticide product. If the pesticide product is subject to the regulations in this subpart as set out in [§ 165.43](/cfr/40/165.43.md), the stationary pesticide containers used to distribute or sell the product must meet the standards of [§ 165.45(f)](/cfr/40/165.45.md?p=f).
  - (3) If you are a refiller of a pesticide product and you are not a registrant of the pesticide product, [§ 165.45(a)(2)](/cfr/40/165.45.md?p=a-2) provides an exemption from some of the requirements in [§ 165.45(a)(1)](/cfr/40/165.45.md?p=a-1) .
- (c) **When do I have to comply?** Any pesticide product packaged in a refillable container and released for shipment by you after August 16, 2011 must be packaged in a refillable container that complies with the regulations of this subpart.

## Notes

### Amendments

[71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, 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 64226, Oct. 29, 2008]