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Table 2: Products Subject to the Nonrefillable Container, Refillable Container and Repackaging Regulations
Category
Nonrefillable Containers
(40 CFR Part 165 Subpart B)
Refillable Containers
(40 CFR Part 165
Subpart C)
Repackaging Pesticide
Products
(40 CFR Part 165
Subpart D)
Products that
are not subject
to the
regulations.
(1)	Manufacturing use products,
(2)	Plant-incorporated protectants, and
(3)	Antimicrobial pesticide products that satisfy all four of these
criteria:
•	The product is an antimicrobial pesticide (as defined in FIFRA
section 2(mm)) or it has antimicrobial properties (as defined in
FIFRA section 2(mm)(1)(A)) and is subject to a tolerance or a
food additive regulation.
•	Its label includes directions for use on a site in at least one of
the 10 antimicrobial product use categories identified as
"household, industrial or institutional."
•	It is not a hazardous waste when it is intended to be disposed,
as defined in 40 CFR Part 261.
•	EPA has not specifically found that the product must be
subject to these provisions to prevent an unreasonable adverse
effect on the environment.
(1)	Manufacturing use
products,
(2)	Plant-incorporated
protectants, and
(3)	Antimicrobial pesticide
products that satisfy all
four of the criteria listed in
the nonrefillable
container column.
(1)	Manufacturing use
products,
(2)	Plant-incorporated
protectants, and
(3)	Antimicrobial
pesticide products that
satisfy all four of the
criteria listed in the
nonrefillable container
column.
Products that
are subject to
the regulations
A product is subject to ALL nonrefillable container
requirements if it satisfies at least one of the following criteria:
•	It meets the criteria of Toxicity Category I in 40 CFR § 156.62.
•	It meets the criteria of Toxicity Category II in 40 CFR § 156.62.
•	It is a restricted use product.
If a product does not meet any of these criteria, the product is
subject to only the basic Department of Transportation
requirements in the nonrefillable container regulations.
All products not listed
above.
All products not listed
above.
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