--- kind: "section" citation: "40 C.F.R. § 273.3" title: "40" number: "273.3" heading: "Applicability—pesticides." url: "https://uscodex.org/cfr/40/273.3" --- # §273.3. Applicability—pesticides. - (a) **Pesticides covered under this part 273.** The requirements of this part apply to persons managing pesticides, as described in [§ 273.9](/cfr/40/273.9.md), meeting the following conditions, except those listed in [paragraph (b)](#b) of this section: - (1) **Recalled pesticides that are—** - (i) Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA [Section 19(b)](/cfr/40/19.md?p=b), including, but not limited to those owned by the registrant responsible for conducting the recall; or - (ii) Stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant. - (2) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program. - (b) **Pesticides not covered under 40 CFR part 273.** The requirements of this part do not apply to persons managing the following pesticides: - (1) Recalled pesticides described in [paragraph (a)(1)](#a-1) of this section, and unused pesticide products described in [paragraph (a)(2)](#a-2) of this section, that are managed by farmers in compliance with [40 CFR 262.70](/cfr/40/262.70.md). ([40 CFR 262.70](/cfr/40/262.70.md) addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with [40 CFR 261.7(b)(3)](/cfr/40/261.7.md?p=b-3)); - (2) **Pesticides not meeting the conditions set forth in paragraph (a) of this section.** These pesticides must be managed in compliance with the hazardous waste regulations in 40 CFR parts [260](/cfr/40/part260.md) through [272](/cfr/40/part272.md), except that aerosol cans as defined in [§ 273.9](/cfr/40/273.9.md) that contain pesticides may be managed as aerosol can universal waste under [§ 273.13(e)](/cfr/40/273.13.md?p=e) or [§ 273.33(e)](/cfr/40/273.33.md?p=e); - (3) Pesticides that are not wastes under [part 261](/cfr/40/part261.md) of this chapter, including those that do not meet the criteria for waste generation in [paragraph (c)](#c) of this section or those that are not wastes as described in [paragraph (d)](#d) of this section; and - (4) **Pesticides that are not hazardous waste.** A pesticide is a hazardous waste if it is listed in [40 CFR part 261](/cfr/40/part261.md), [subpart D](/cfr/40/subpartD.md) or if it exhibits one or more of the characteristics identified in [40 CFR part 261](/cfr/40/part261.md), subpart C. - (c) **When a pesticide becomes a waste.** - (1) A recalled pesticide described in [paragraph (a)(1)](#a-1) of this section becomes a waste on the first date on which both of the following conditions apply: - (i) The generator of the recalled pesticide agrees to participate in the recall; and - (ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery). - (2) An unused pesticide product described in [paragraph (a)(2)](#a-2) of this section becomes a waste on the date the generator decides to discard it. - (d) **Pesticides that are not wastes.** The following pesticides are not wastes: - (1) Recalled pesticides described in [paragraph (a)(1)](#a-1) of this section, provided that the person conducting the recall: - (i) Has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of “solid waste” under [40 CFR 261.2](/cfr/40/261.2.md); thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this part 273. This pesticide remains subject to the requirements of FIFRA; or - (ii) Has made a decision to use a management option that, under [40 CFR 261.2](/cfr/40/261.2.md), does not cause the pesticide to be a solid waste (i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this part 273. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA. - (2) Unused pesticide products described in [paragraph (a)(2)](#a-2) of this section, if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of FIFRA. ## Notes ### Amendments [60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999; 84 FR 67218, Dec. 9, 2019] ### Authority Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937. ### Source Source: 60 FR 25542, May 11, 1995, unless otherwise noted. ### Amendments [60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999; 84 FR 67218, Dec. 9, 2019]