This week, the US Environmental Protection Agency (EPA) sent out a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Compliance Advisory regarding custom blending. This encompasses blending pesticides with other pesticides, pesticides with fertilizer, and pesticides with feed.
 
There are no new regulations, but it is meant to clarify the existing regulations for those who custom blend. The information is below:
 
Definition:
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 that 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.
 
If you have other questions, please do not hesitate to reach out to KJ Johnson at the IFCA office.