[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32223-32224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15565]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 157
[OPP-250123; FRL-5720-5]
Ant or Roach Insecticide Bait Stations; Exemption From Adult
Portion of Child-Resistant Testing Specifications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Rule related notice.
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SUMMARY: This document grants a 5-year exemption from the senior-adult
test and younger-adult test effectiveness specifications, described in
16 CFR 1700.15(b)(2) (Ease of adult opening), for prefilled,
nonrefillable ant or roach insecticide bait stations not designed or
intended to be opened or activated in a manner that exposes the
contents to human contact. Products qualifying for this exemption must
still fully comply with all other child-resistant packaging (CRP)
effectiveness, compatibility, and durability standards, as well as all
other requirements of 40 CFR part 157. CRP certification for products
relying on this exemption must specify that the package does not comply
with the senior and younger adult effectiveness specifications per this
exemption. This exemption was requested by S.C. Johnson & Son, Inc.,
which argued that a package that does not require opening or activation
to put into use should not require adult ease of opening testing.
DATES: This exemption becomes effective on June 13, 1997 and expires on
June 13, 2002.
FOR FURTHER INFORMATION CONTACT: Rosalind L. Gross, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone
number: (703) 308-7368, e-mail: gross.rosalind@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: S.C. Johnson & Son, Inc. requested an
exemption from the senior-adult test and younger-adult test
effectiveness specifications, described in 16 CFR 1700.15(b)(2) (Ease
of adult opening), for prefilled, nonrefillable ant or roach
insecticide bait stations that are not designed or intended to be
opened or activated in a manner that exposes the contents to human
contact.
I. Background
FIFRA 25(c)(3) requires EPA's CRP standards to be consistent with
those of the Consumer Product Safety Commission (CPSC). EPA's CRP
regulations at 40 CFR 157.32 require that CRP for pesticides meet the
CPSC packaging standards (effectiveness specifications) and testing
procedures set forth in 16 CFR 1700.15(b) and 17000.20. The CPSC Poison
Prevention Packaging Standards in 16 CFR 1700.15(b) provide that CRP,
when tested by the method described in 16 CFR 1700.20, shall meet
certain child-resistant test, senior-adult test, and younger-adult test
effectiveness specifications. In 16 CFR 1700.15(b)(2), the senior-adult
test and younger-adult test effectiveness specifications are discussed
with reference to the senior-adult panel test of 16 CFR 1700.20(a)(3)
and the younger-adult panel test of 16 CFR 1700.20(a)(4), respectively.
The EPA CRP regulations provide that exemptions from compliance may
be requested on a case-by-case basis for specific products based on
technical factors (40 CFR 157.24(b)(3)). The regulations further
provide that any such exemption decision will be published in the
Federal Register, will be for a specified length of time, and will be
applicable to any product with substantially similar composition and
intended uses.
II. Requested Grounds for Exemption
As support for its exemption request, S.C. Johnson & Son, Inc.
advanced the following arguments:
The purpose of adult testing is to ensure that CRP is not difficult
for adults to use properly. If CRP is difficult for adults to open, the
concern arises that the package may be disabled or left unsecured to
eliminate the difficulty of reopening it. Under such circumstances the
contents would be accessible to children. In the case of prefilled,
nonrefillable ant or roach insecticide bait stations not designed or
intended to be opened, this concern does not arise. There is no risk
that an adult will disable or fail to resecure a difficult to open
package, because the packages need not be opened or activated in order
to function properly. As there is no concern that an adult will disable
or fail to resecure such a package, there is also no concern that the
contents of disabled or unsecured packages will be accessible to
children. Instead, from a child safety standpoint, the only relevant
question regarding such packages is whether they can prevent a child
from gaining access to the bait.
III. Agency Determination
The Agency has considered the S.C. Johnson & Son, Inc. exemption
request and the basis therefore and agrees that it is unnecessary to
test the ability of a senior-adult or younger-adult to open and
properly resecure a package not designed or intended to be opened or
activated. No benefits in terms of improved child safety would be
gained by such testing. Therefore, the Agency hereby grants a 5-year
exemption from the senior-adult test and younger-adult test
effectiveness specifications, described in 16 CFR 1700.15(b)(2) for
prefilled, nonrefillable ant or roach insecticide bait stations not
designed or intended to be opened or activated in a manner that exposes
the contents to human contact. The Agency has authority under 40 CFR
157.24(b)(3) to grant an exemption from any CRP requirement, including
the testing requirements, based on technical considerations.
IV. Exemption
A 5-year exemption is granted from the senior-adult test and
younger-adult test effectiveness specifications, described in 16 CFR
1700.15(b)(2), for prefilled, nonrefillable ant or roach insecticide
bait stations not designed or
[[Page 32224]]
intended to be opened or activated in a manner that exposes the
contents to human contact. Products that qualify for this exemption
must fully comply with all other CRP effectiveness, compatibility, and
durability standards as well as all other requirements of 40 CFR part
157. CRP certification for products relying on this exemption must
specify that the package does not comply with the senior and younger
adult effectiveness specifications per this exemption. This exemption
becomes effective on June 13, 1997 and expires on June 13, 2002.
List of Subjects in 40 CFR Part 157
Administrative practice and procedure, Infants and children,
Packaging and containers, Pesticides and pest, Reporting and
recordkeeping requirements.
Dated: June 4, 1997.
James Jones,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-15565 Filed 6-12-97; 8:45 am]
BILLING CODE 6560-50-F
