19 Apr Custom Blending – FIFRA Compliance Advisory
The primary purpose of this Compliance Advisory is to explain what custom blending is to producers of feed-through livestock products used to control pests, such as flies. It has come to the attention to states’ departments of agriculture and EPA Region 7 that there is some confusion among producers and distributors of what constitutes “custom blending” and its associated regulations. Failure to follow the regulations regarding custom blending is a violation of FIFRA and may result in the issuance of penalties, orders such as Stop Sale, Use or Removals, and/or further enforcement action.
A custom blender is any establishment which provides the service of mixing registered pesticides to a customer’s specifications, specifically, a pesticide-pesticide, pesticide-fertilizer, or pesticide-animal feed mixture. Custom blending means the service of mixing pesticides to a customer’s specifications. The regulatory requirements stated in the 40 Code of Federal Regulations Part 167.3 include:
- The blend is prepared for a specific customer must not be held in inventory,
- The pesticides used in the blend must bear end-use labeling which does not prohibit the use of the pesticide in the blend,
- The blend is customized using registered pesticides,
- The blend is delivered to the end-user with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture.
- The blend is to be used on the customer’s property (included leased or rented property).
- Facilities that custom blend and do not meet the above requirements must register as a pesticide producer under FIFRA Section 7. Further, if custom blend products are produced, sold or distributed, or held for sale or distribution without meeting the above requirements, the products would be considered unregistered and/or misbranded under FIFRA Section 3 and may be in violation of FIFRA. Facilities selling or distributing products claiming to be custom blended that do not meet the above requirements may be in violation of FIFRA and be subject to enforcement, including Stop Sale Orders and/or federal penalties.
For more information contact your state department of agriculture or EPA Region 7.
Kansas Department of Agriculture