A pesticide producer is any person, as defined by FIFRA, “who produces any pesticide, active ingredient or device (including packaging, repackaging, labeling and relabeling." (40 CFR §167.3) An establishment includes:
- Any site where a pesticidal product, active ingredient, or device is produced.
- Sites that are independently owned or operated regardless of whether such site is domestic and producing a pesticidal product for export only or whether the site is foreign and producing a pesticidal product for import into the United States. (40 CFR §167.3)
- Sites that produce a pesticidal product for use under an Experimental Use Permit, FIFRA Section 18 Emergency Exemption or Section 24(c) Special Local Needs registration, must report. (40 CFR §167.20)
- Sites that produce unregistered pesticidal products for export from the United States.
- Custom Blender — any facility that provides the service of mixing registered pesticides to a customer’s specifications, specifically:
- a pesticide-pesticide blend
- a pesticide-fertilizer blend
- a pesticide-animal feed mixture
- the blend is not held in inventory
- the pesticide used in producing the blend bears labeling that does not prohibit the use of the pesticide in the blend
- the blend is delivered to the end-user with a copy of the labeling of the pesticide used in producing the blend and a statement specifying the composition of the mixture
If these conditions are not met, the establishment does not meet the definition of “custom blender” and must comply with FIFRA Section 7 requirements.