This subpart prescribes requirements for child-resistant packaging of pesticide products and devices. The requirements are established under the authority of FIFRA section 25(a)(1), which authorizes the Administrator to issue regulations to carry out the purposes of the Act, and FIFRA section 25(c)(3), which authorizes the Administrator to establish standards with respect to the package, container or wrapping in which a pesticide or device is enclosed in order to protect children and adults from serious injury or illness resulting from accidental ingestion or contact with pesticides or devices regulated under the Act.
Notes of Decisions
Jeffers v. Wal-Mart Stores, Inc., 84 F. Supp. 2d 775 (S.D. W. Va. 2000).
· cites it 4× “See 40 C.F.R. §§ 157.20 et seq. Therefore, any requirements imposed by the State through Plaintiffs common law claims are not “more strict” than the non-existent requirements under the Act.”
Del Real, LLC v. Harris, 966 F. Supp. 2d 1047 (E.D. Cal. 2013).
“(citing 40 C.F.R. § 157.20 ). Because “despite a potentially broad scope of authority, the EPA has thus far limited its exercise of power to the area of child-resistant packaging .”
Lucas v. Bio-Lab, Inc., 108 F. Supp. 2d 518 (E.D. Va. 2000).
“Part 157, entitled PACKAGING REQUIREMENTS FOR PESTICIDES AND DEVICES, EPA has enacted only Subpart B, relating to Child-Resistant Packaging, 40 C.F.R. §§ 157.20 et seq. The only packaging information required to be submitted by the registration regulations is a “certification…”
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