1. (a) Pesticides covered under Rule R315-273. The requirements of Rule R315-273 apply to persons managing pesticides, as described in Section R315-273-9, meeting the following conditions, except those listed in Subsection R315-273-3(b):

2. (1) recalled pesticides that are:

   1. (i) stocks of a suspended and cancelled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b), including those owned by the registrant responsible for conducting the recall; or

      1. (ii) stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant.

3. (2) stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

   1. (b) Pesticides not covered under Rule R315-273. The requirements of Rule R315-273 do not apply to persons managing the following pesticides:
4. (1) recalled pesticides described in Subsection R315-273-3(a)(1), and unused pesticide products described in Subsection R315-273-3(a)(2), that are managed by farmers in compliance with Section R315-262-70. Section R315-262-70 addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with Subsection R315-261-7(b)(3);
5. (2) pesticides not meeting the conditions set forth in Subsection R315-273-3(a). These pesticides shall be managed in compliance with the hazardous waste rules in Rules R315-260 through R315-266, R315-268, and R315-270, except that aerosol cans as defined in Section R315-273-9 that contain pesticides may be managed as aerosol can universal waste in accordance with Subsections R315-273-13(f) or R315-273-33(f);
6. (3) pesticides that are not wastes under Rule R315-261, including those that do not meet the criteria for waste generation in Subsection R315-273-3(c) or those that are not wastes as described in Subsection R315-273-3(d); and

7. (4) pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in Sections R315-261-30 through R315-261-35 or if it exhibits one or more of the characteristics identified in Sections R315-261-20 through R315-261-24.

   1. (c) When a pesticide becomes a waste.

8. (1) A recalled pesticide described in Subsection R315-273-3(a)(1) becomes a waste on the first date on which both of the following conditions apply:

   1. (i) the generator of the recalled pesticide agrees to participate in the recall; and

      1. (ii) the person conducting the recall decides to discard, for example, burn the pesticide for energy recovery.

9. (2) An unused pesticide product described in Subsection R315-273-3(a)(2) becomes a waste on the date the generator decides to discard it.

   1. (d) Pesticides that are not wastes. The following pesticides are not wastes:

10. (1) Recalled pesticides described in Subsection R315-273-3(a)(1), if the person conducting the recall:

    1. (i) Has not made a decision to discard, for example, burn for energy recovery, the pesticide. Until such a decision is made, the pesticide does not meet the definition of solid waste under Section R315-261-2; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including Rule R315-273. This pesticide remains subject to the requirements of FIFRA; or

       1. (ii) Has made a decision to use a management option that, under Section R315-261-2, does not cause the pesticide to be a solid waste; that is, the selected option is use, other than use constituting disposal, or reuse, other than burning for energy recovery, or reclamation. Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including Rule R315-273. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.
11. (2) unused pesticide products described in Subsection R315-273-3(a)(2), if the generator of the unused pesticide product has not decided to discard, for example, burn for energy recovery, them. These pesticides remain subject to the requirements of FIFRA.

KEY: hazardous waste, universal waste

Date of Last Change: December 9, 2021

Notice of Continuation: December 11, 2025

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106