Who has liability for violations concerning the repackaged product if there is an agreement with the registrant authorizing the dealer to repackage?
Both the registrant and the dealer bear liability for violations. One of the cornerstones of the bulk pesticide repackaging policy is the accountability of the registrant for the repackaged product. This accountability is considered to be met when the product is transferred at a registered establishment operated under contract to the registrant, or at a registered establishment which has been furnished written authorization for repackaging and use of the product label by the registrant. In addition the dealer is also selling/distributing the repackaged product. Depending on the circumstances of the violation, the dealer may be charged, the registrant may be charged or both parties may be charged. Generally, both parties will be charged for misbranding or adulteration violations. 38. If a product is sold in bulk, repackaged, and then sold and distributed but not in accordance with the bulk pesticide repackaging policy, can EPA issue Stop Sale, Use, or Removal orders on the product? EPA
Related Questions
- Dealer A has met the requirements of repackaging bulk pesticides. Can Dealer A repackage product into minibulk tanks and sell these to Dealer B for Dealer B to resell?
- What is the violation if a dealer is repackaging, selling and distributing a repackaged pesticide and does not have a written authorization from the registrant?
- Who has liability for violations concerning the repackaged product if there is an agreement with the registrant authorizing the dealer to repackage?
