Ala. Admin. Code r. 80-1-13-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-13-.03 - Pesticide Containers

(1) The practice of opening a manufacturer's sealed, properly labeled container containing pesticides and selling portions thereof in unlabeled, unsealed containers is expressly prohibited. The sale, offering for sale, or transportation of any pesticide shall be accomplished with the pesticide contained in the manufacturer's original properly labeled, sealed container, except pesticides may be shipped or transported in bulk under certain conditions as hereinafter provided.

(2) Pesticides may be shipped or transported in large bulk containers, provided a label showing the name of the pesticide, together with its chemical name, trade name or common name, if available, the percentage of active ingredient, and the necessary and usual caution statement is attached and affixed to the container in a conspicuous place.

(3) All containers used to transport pesticides in bulk or otherwise, shall conform as closely as possible to the United States Department of Transportation's regulations governing transportation of explosives and other dangerous articles, except that the Commissioner may permit minor deviations where he determines such deviations will not endanger man or the environment. The Commissioner shall inspect and approve all such bulk containers.

(4) Unless approved in writing by the Commissioner, reuse of pesticide containers is prohibited.

(a) The Commissioner may permit reuse of pesticide containers on a case by case basis.

(b) Large bulk containers used for bulk transportation of pesticides as authorized under paragraphs (1) and (2) of this rule shall not be subject to the limited reuse requirement of this rule.

(5) The Alabama Department of Agriculture Board hereby adopts by reference, including subsequent amendments, Part 165 of Title 40: Protection of Environment of the Code of Federal Regulations, entitled "Pesticide Management and Disposal Subpart E - Standards for Pesticide Containment Structures." Copies of this material may be obtained from the U.S. Government Printing Office, Washington, D.C. 20401, at a cost determined by that office.

Ala. Admin. Code r. 80-1-13-.03

Filed April 19, 1982. Amended: Filed August 17, 2009; effective September 21, 2009.

Authors:Charles H. Barnes, Robert J. Russell

Statutory Authority:Code of Ala. 1975, §§ 2-27-8, 2-27-57, 2-27-59.