Common
Questions
and
Answers
Reporting
Requirements
for
Pesticide,
Active
Ingredient,
and
Device
Producers
(
EPA
Form
3540­
16)
December
2001
1.
What
must
I
report?
Each
producer
operating
an
establishment
must
submit
the
following
information
for
each
pesticide,
active
ingredient,
or
pesticide
device
[
including,
but
not
limited
to,
unregistered
pesticides,
Experimental
Use
Permits,
Special
Local
Need
products
under
§
24(
c)
of
FIFRA,
or
pesticides
produced
for
export
only]:
°
types
and
amounts
produced
in
2001;
°
types
and
amounts
sold/
distributed
in
2001,
regardless
when
the
product
was
produced;
and
°
an
estimate
of
the
amount
expected
to
be
produced
in
2002.
For
each
of
the
above
amounts,
round
all
numbers
to
the
nearest
whole
number.

2.
What
does
the
term
"
produce"
include?
"
Produce"
means
to
manufacture,
prepare,
compound,
propagate,
or
process
any
pesticide
or
device
or
active
ingredient
used
in
producing
a
pesticide.
(
FIFRA)

"
Produce"
means
also
to
"
manufacture,
prepare,
propagate,
compound
or
process
any
pesticide,
including
any
pesticide
product
pursuant
to
Section
5
of
the
Act,
any
active
ingredient
or
device,
or
to
package,
repackage,
label,
relabel,
or
otherwise
change
the
container
of
any
pesticide
or
device."
(
40
CFR
167.3)
(
NOTE:
This
includes
repackaging
of
pesticides
in
bulk
containers.)

3.
How
is
the
information
I
provide
used
by
the
EPA?
The
information
is
used
by
EPA's
Office
of
Enforcement
and
Compliance
Assurance
and
the
Office
of
Prevention,
Pesticides,
and
Toxic
Substances
to
support
risk­
benefit
analysis,
inspection,
compliance,
and
enforcement
activities.

4.
How
do
I
make
corrections
to
the
name(
s)
or
addresses
shown?
All
companies
or
producers
must
provide
name
and
address
changes
to
the
EPA
within
30
days
after
such
change
occurs.
Domestic
(
United
States)
companies
or
producers
should
send
such
information
to
the
EPA
regional
office
where
the
ompany
headquarters
is
located.
Foreign
companies
or
producers
should
send
such
information
to
the
EPA
Washington,
D.
C.
office.
See
page
4
of
Instructions
for
Completing
EPA
Form
3540­
16
(
hereinafter
"
Instructions")
for
all
EPA
mail
and
telephone
contacts.

5.
Where
can
I
get
assistance
in
completing
this
report?
Domestic
producers
should
contact
the
EPA
regional
office
which
services
their
company
headquarters.
Foreign
producers
should
contact
EPA's
Washington,
D.
C.
office.
(
See
Instructions
­
Page
4)

6.
What
constitutes
"
bulk
repackaging"
of
pesticides?
"
Bulk
repackaging"
means
the
repackaging
of
pesticides
into
refillable
containers
which
are
designed
and
constructed
to
accommodate
the
return
and
refill
of
greater
than
55
gallons
or
100
pounds
of
product,
in
accordance
with
EPA's
July
11,
1977,
Bulk
Enforcement
Policy,
and
the
Amendment
dated
March
4,
1991.

7.
What
constitutes
"
custom
blends"
of
pesticides?
What
is
a
"
custom
blender?"
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.
The
blend
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,
and
the
blend
is
delivered
to
the
end­
user
with
the
labeling
of
the
pesticide(
s)
used
in
the
blend
and
a
statement
specifying
the
composition
of
the
mixture.
An
establishment
where
only
custom
blending
activities
take
place
does
not
have
to
report
production.
An
establishment
that
custom
blends
in
addition
to
other
pesticide
production
activities,
must
report
only
the
other
pesticide
production
activities,
not
the
custom
blending
activities.

8.
What
if
I
fail
to
file
this
production
report?
Failure
to
file
an
initial
and
annual
production
report
is
a
violation
of
FIFRA,
and
may
result
in
termination
of
the
establishment's
registration,
civil
penalties
up
to
$
5,500
per
violation,
and/
or
criminal
penalties.
In
addition,
it
is
unlawful
to
knowingly
falsify
all
or
part
of
any
pesticide
production
information
reported
on
EPA
Form
3540­
16.
(
Section
12(
a)(
2)(
M)
of
FIFRA).
1
United
States
Environmental
Protection
Agency
Instructions
for
Completing
Pesticide
Report
for
Pesticide­
Producing
and
Device­
Producing
Establishments
­
Reporting
Year
2001
(
EPA
Form
3540­
16)

Electronic
copies
of
these
instructions
and
EPA
Form
3540­
16
can
be
downloaded
from
http://
www.
epa.
gov/
region4/
air/
pesticides/
pestreport.
htm
GENERAL
INSTRUCTIONS
1.
Each
page
of
EPA
Form
3540­
16
has
space
to
enter
production
for
only
three
products.
If
you
produce
more
than
three
products
make
photocopies
of
the
form
as
necessary.

2.
Complete
report
by
printing
in
ink
or
typing.

3.
"
Produce"
means
to
manufacture,
prepare,
compound,
propagate,
or
process
any
pesticide
or
device
or
active
ingredient
used
in
producing
a
pesticide.
(
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)).
"
Produce"
also
means
to
"
manufacture,
prepare,
propagate,
compound
or
process
any
pesticide,
including
any
pesticide
product
pursuant
to
Section
5
of
the
Act,
any
active
ingredient
or
device,
or
to
package,
repackage,
label,
relabel,
or
otherwise
change
the
container
of
any
pesticide
or
device."
(
EPA
regulations
at
40
CFR
§
167.3)

4.
Establishments
with
Zero
Production
in
2001.
If
your
establishment
did
not
produce
or
distribute
products
subject
to
this
report
in
2001
and
do
not
anticipate
production
or
distribution
in
2002,
but
you
wish
to
retain
establishment
registration:
complete
Blocks
1­
15,
write
"
NO
PRODUCTION"
in
Block
16,
and
submit
the
report
as
directed
in
the
Instructions
­
Page
4.

5.
Closed
Establishments
(
Out
of
business/
ceased
production)
°
Enter
all
production
and
distribution
information
for
2001.
If
there
was
none,
write
"
NO
PRODUCTION"
in
Block
16.
°
Indicate
on
the
form
the
firm
is
no
longer
in
business.
°
If
you
wish
to
inactivate
establishment
registration,
clearly
make
such
request
on
the
report
form.

6.
A
company
official
must
sign
the
report
in
Block
15.

7.
For
all
pages,
complete,
at
the
bottom:
"
This
is
Page
_____
of
_____."

8.
Producers
of
Multi­
use
Active
Ingredients.
Producers
of
chemicals
that
are
multi­
use
active
ingredients,
that
is,
they
have
both
pesticidal
and
non­
pesticidal
uses,
are
required
to
register
their
establishments
and
report
their
production
on
an
annual
basis,
if
the
producer
has
actual
or
constructive
knowledge
that
the
chemical
or
substance
they
produce
is
used
or
intended
for
use
as
an
active
ingredient
in
the
manufacture
of
a
pesticide.
These
producers
are
required
to
report
only
the
amount
of
the
chemical
or
substance
manufactured
and
distributed
or
sold
for
pesticidal
purposes.

9.
DO
NOT
REPORT:
°
Production
or
distribution
or
sale
of
products
NOT
produced
by
your
establishment,
e.
g.,
no
changes
are
made
to
the
product
formulation,
container,
or
label;
°
Products
shipped
from
your
supplier
directly
to
your
customer;
°
Any
products
produced
in
previous
years
which
were
not
distributed
or
sold
in
2001.
°
Custom­
blended
products
(
See
Common
Questions
and
Answers
­
Question
7)
°
Pesticides
that
are
applied
by
your
firm.

10.
Submit
completed
reports
as
directed
on
Instructions
­
Page
4.

REPORT
DUE
DATE:
On
or
before
March
1,
2002,
even
if
there
has
been
no
production.
Incomplete
reports
may
be
returned
to
the
establishment
for
correction
or
completion.
2
INSTRUCTIONS
­
COMPLETING
THE
REPORT
Blocks
1­
16.
Name
and
Location
of
Company
Headquarters
and
Producing
Establishment
Blocks
1­
4.
Enter
the
mailing
address
of
the
producing
establishment
Block
5.
Enter
name
of
establishment
official
signing
report
(
should
match
Block
15)
Block
6.
Enter
title
of
establishment
official
signing
report
(
should
match
Block
15)
Block
7.
Date
report
is
signed
Blocks
8­
13.
A
label
showing
the
establishment
SITE
address
(
including,
if
applicable,
the
building
or
building
subdivision
specific
to
the
producing
establishment)
should
appear
in
Blocks
8­
13.
Block
14.
Telephone
number
of
establishment
official
responsible
for
the
report.
Block
15.
Signature
of
establishment
official
signing
report.
Block
16.
Use
this
block
to
report
NO
PRODUCTION,
if
this
is
the
case,
for
2001.

Block
17
­
Product
Code
Enter
"
1"
­
product
is
registered
with
EPA
Enter
"
2"
­
product
registration
is
pending
Enter
"
3"
­
product
is
an
Experimental
Use
Permit
Enter
"
4"
­
product
is
a
pesticide
device,
an
unregistered
pesticide,
or
a
Special
Local
Need
(
SLN)
registration
Block
18
­
EPA
Product
Registration
No.
For
Product
Code
1
­
Enter
EPA
Registration
No.
(
exactly
as
it
appears
on
product
label)
(
See
discussion
below
on
reporting
production
of
distributor
registrations
and
products
under
alternate
brand
names)
For
Product
Code
2
­
Enter
EPA
File
Symbol
assigned
For
Product
Code
3
­
Enter
the
Experimental
Use
Permit
number
For
Product
Code
4
­
For
DEVICES,
leave
Block
18
blank
For
UNREGISTERED
PESTICIDES,
leave
Block
18
blank,
and
attach
the
chemical
formulation
of
the
product,
showing
the
product's
active
and
inert
ingredients,
their
common
names,
their
CAS
Registry
numbers
(
if
available),
and
the
percentage,
by
weight
of
each
ingredient
(
must
total
100%).
Multiple
formulations
may
appear
on
the
same
page;
clearly
identify
each
by
product
name.
For
stand­
alone
SLN
REGISTRATIONS,
enter
the
SLN
registration
number
preceding
the
product
name
in
Block
19.
For
example,
SLN­
CA­
890022.
A
"
stand­
alone"
SLN
is
one
for
which
there
are
no
uses
other
than
the
24(
c)
uses.

NOTE:
Reporting
Distributor
Registrations/
Alternate
Brand
Names.
If
you
produce
multiple
pesticide
products
under
the
same
basic
EPA
registration
number
(
such
as
distributor
products
or
alternate
brand
names):
°
Report
the
total
quantities
for
all
distributor
products
under
the
basic
EPA
registration
number,
and
add
"
and
supplementals"
following
the
product
name.
On
a
separate
paper,
list
the
basic
registration
number
with
each
distributor
company
number
and
brand
name,
and
attach
it
to
the
report.
°
List
the
basic
registration
number
of
products
distributed
under
alternate
brand
names,
provide
product
name
"
and
alternate
brand
names"
and
report
total
production.

Block
19
­
Product
Name.
List
only
the
most
common
brand
name
Block
20
­
Product
Classification
05
Algaecide
02
Fungicide
06
Nematocide
11
Animal
Repellent
04
Herbicide
07
Plant
Regulator
10
Antifouling
Paint
44
Herbicide/
Fungicide
03
Rodenticide
08
Defoliant,
Desiccant
01
Insecticide
14
Water
Purifier
­
Point
of
Use
13
Device
21
Insecticide­
Fungicide
15
Water
Purifier
­
Small
System
09
Disinfectant
16
Multi­
Use
Active
Ingredient
12
Other
Pesticides
(
includes
insect
(
See
General
Instruction
#
8)
repellents
and
slug
baits)
3
Block
21
­
Product
Type.
Describe
the
type
of
product:
Enter
1
­
Technical
material
or
active
ingredient
for
Manufacturing
Use
Only
Enter
2
­
End­
use
product;
this
includes
products
where
the
formulation
has
been
blended,
diluted,
or
changed;
Enter
3
­
Repackaged
or
relabeled
(
does
not
include
any
blending,
dilution
or
change
in
the
formulation)
Enter
4
­
Device
Block
22
­
Market
Sold
To
Domestic
Establishments
Enter
1
­
All
product
was
marketed
in
the
United
States
Enter
2
­
Product
was
marketed
both
in
the
United
States
and
exported
Enter
3
­
All
product
was
exported
Foreign
Establishments
Enter
1
­
Product
was
marketed
in
the
United
States.
DO
NOT
REPORT
products
that
were
sold
to
countries
other
than
the
United
States.

Block
23
­
Use
Classification
Enter
1
­
Product
label
states
RESTRICTED
USE
ONLY
Enter
2
­
All
other
pesticides
and
devices
Block
24
­
Unit
of
Measure
G
=
Gallons
(
liquid
chemical
product)
P
=
Pounds
(
dry
or
solid
chemical
product)
L
=
Liters
(
liquid
chemical
product)
K
=
Kilograms
(
dry
or
solid
chemical
product)
T
=
Tons
(
short
ton
=
2,000
lbs.
or
907.2
kilograms)
(
dry
or
solid
chemical
product)
U
=
Units
(
devices
and
pesticides
that
the
label
does
not
declare
as
gallons,
pounds,
liters,
kilograms,
or
tons)

Block
25
­
Amount
Produced
Last
Year
(
2001)
°
Round
all
quantities
to
the
nearest
whole
number
Block
26
­
Amount
Distributed/
Sold
Last
Year
(
2001)
­
United
States
°
Enter
only
those
products
distributed/
sold
which
were
produced
by
your
establishment,
regardless
when
the
product
was
produced;
°
Do
not
include
amounts
which
are
custom
blended
or
custom
applied
by
you;
°
Foreign
producers
should
enter
only
the
amount
of
product
or
number
of
devices
exported
to
the
United
States.
°
Round
all
quantities
to
the
nearest
whole
number.

Block
27
­
Amount
Distributed/
Sold
Last
Year
(
2001)
to
Foreign
Markets
(
Exported)
°
Enter
the
quantity
exported
from
the
United
States
in
2001,
regardless
when
the
product
was
produced;
°
Foreign
establishments
should
leave
Block
27
blank;
°
Round
all
quantities
to
the
nearest
whole
number.

Block
28
­
Amount
(
Estimated)
to
be
Produced
in
2002
°
Enter
an
estimate
of
the
quantity
to
be
produced
in
2002.
°
Round
all
quantities
to
the
nearest
whole
number.

Confidentiality.
Under
FIFRA
Section
7(
d)
[
7
U.
S.
C.
§
136e],
information
reported
in
Items
25,
26,
27,
and
28
of
EPA
Form
3540­
16
will
be
treated
as
business
confidential,
subject
to
the
provisions
of
FIFRA
Section
10
[
7
U.
S.
C.
§
136h].
You
are
not
required
to
assert
a
claim
of
confidentiality
on
this
information.

If
you
wish
to
assert
a
claim
of
confidentiality
for
other
information
you
have
provided
on
this
form,
you
must
identify
by
the
box
number(
s)
information
for
which
you
are
asserting
a
claim
of
confidentiality.
Information
so
designated
will
be
disclosed
by
the
EPA
only
to
the
extent
allowed
by,
and
by
means
of,
the
procedures
set
forth
in
40
CFR
Part
2.
If
you
do
not
claim
the
information
as
confidential
upon
submission
of
the
report,
it
may
be
made
available
to
the
public
without
further
notice
to
you.

Public
Reporting
Burden.
The
time
required
to
complete
this
report
is
estimated
to
average
one
hour
and
26
minutes,
per
response,
including
reviewing
instructions,
searching
data
sources,
gathering
and
maintaining
data
needed,
and
completing
review
and
collection
of
information.
Send
comments
regarding
this
burden
estimate
or
other
aspects
related
to
this
information
collection,
including
suggestions
for
reducing
this
burden,
to:
Director,
OP/
ORMI
Regulatory
Information
Division
(
2137),
U.
S.
Environmental
Protection
4
Agency,
1200
Pennsylvania
Avenue
NW,
Washington,
D.
C.
20460,
Attention:
Desk
Officer
for
EPA,
and
to
the
Paperwork
Reduction
Project,
Office
of
Information
and
Regulatory
Management
Affairs,
Office
of
Management
and
Budget,
725
17th
Street
NW,
Washington,
D.
C.
20503.

WHERE
TO
SUBMIT
REPORTS
DOMESTIC
PRODUCERS:
Submit
reports
to
the
following
EPA
Regional
Office
in
which
your
company
headquarters
is
located
EPA
Regional
Offices
States/
Terr.
Covered
EPA
Regional
Offices
States/
Terr.
Covered
U.
S.
EPA
Region
1
Lee
Weller
PO
Box
8636
Boston,
MA
02114
Telephone
617­
918­
1849
CT,
MA
ME,
NH
RI,
VT
U.
S.
EPA
Region
6
James
Redd
Pesticides
Section
(
6PD­
P)
1445
Ross
Avenue
Dallas,
TX
75202­
2733
Telephone
214­
665­
7560
AR,
LA
NM,
OK
TX
U.
S.
EPA
Region
2
David
Salkie
Pesticides
Team
(
MS­
500),
Building
5
2890
Woodbridge
Avenue
Edison,
NJ
08837­
3679
Telephone
732­
321­
6750
NJ,
NY
PR,
VI
U.
S.
EPA
Region
7
Lou
Banks
Pesticides
Branch
(
WWPD/
PEST)
901
N.
5th
Street
Kansas
City,
KS
66101­
2798
Telephone
913­
551­
7125
IA,
KS
MO,
NB
U.
S.
EPA
Region
3
Kyla
Townsend­
McIntyre
Pesticides
Programs
(
3WC32)
1650
Arch
Street
Philadelphia,
PA
19103­
2029
Telephone
215­
814­
2045
DE,
DC
MD,
PA
VA,
WV
U.
S.
EPA
Region
8
Cornelia
Maes
Enforcement
Division
(
ENF­
PT)
999
18th
Street,
Suite
300
Denver,
CO
80202­
2466
Telephone
303­
312­
6049
CO,
MT
ND,
SD
UT,
WY
U.
S.
EPA
Region
4
Jacquelyn
Wilkerson
AFC
Pesticides
Section
(
APTMD)
61
Forsyth
Street,
SW
Atlanta,
GA
30303­
8960
Telephone
404­
562­
9011
AL,
FL
GA,
KY
MS,
NC
SC,
TN
U.
S.
EPA
Region
9
Glenda
Dugan
Pesticides
Section
(
CMD­
4­
3)
75
Hawthorne
Street
San
Francisco,
CA
94105­
3901
Telephone
415­
947­
4204
AZ,
CA,
HI,
NV
U.
S.
EPA
Region
5
Gail
Muffitt
PTES
(
DT­
8J)
77
W.
Jackson
Blvd.
Chicago,
IL
60604­
3507
Telephone
312­
886­
6008
or
312­
886­
7061
IL,
IN
MI,
MN
OH,
WI
U.
S.
EPA
Region
10
Eva
Chun
Pesticides
Unit
(
ECO­
084)
1200
Sixth
Avenue
Seattle,
WA
98101­
1128
Telephone
206­
553­
1970
AK,
ID
OR,
WA
FOREIGN
PRODUCERS:
Submit
report
to
the
following
EPA
Washington,
D.
C.
address:
5
US
Postal
Service
Mail
Address
Carol
L.
Buckingham
US
Environmental
Protection
Agency
Agriculture
Division
(
2225A)
1200
Pennsylvania
Ave.,
NW
Washington,
DC
20460­
0001
USA
Telephone:
202­
564­
5008
Courier
Delivery
Address
Carol
L.
Buckingham
(
Room
6102)
US
Environmental
Protection
Agency
Agriculture
Division
1200
Pennsylvania
Ave.,
NW
Washington,
DC
20004
USA
E­
mail:
buckingham.
carol@
epa.
gov
NOTE:
The
Agency
does
not
notify
you
when
your
Report
is
received.
To
ensure
the
Agency
receives
the
report,
you
may
wish
to
send
it
by
certified
or
registered
mail,
return
receipt
requested.
