Supplemental Distribution of a Registered Pesticide
According to 40 CFR 152.132, registrants may distribute or sell their registered product under another company’s name and address instead of (or in addition to) their own. Such distribution and sale is termed “supplemental distribution” and the product is referred to as a “supplemental registration” or “distributor product.” The distributor, also known as a “subregistrant,” is considered an agent of the registrant, and both the registrant and the distributor may be held liable for violations pertaining to the distributor product.
Detailed information on the supplemental distribution or supplemental registration of another federally registered product can be found in 40 CFR 152.132.
Requirements for Approval of Supplemental Distribution
The following conditions must be met before EPA will permit supplemental distribution of a federally registered pesticide product:
The registrant of the federally registered product for which a second party wishes to obtain supplemental registration must have submitted to the Agency a statement (EPA Form 8570‑5, Notice of Supplemental Registration of Distributor) in triplicate signed by both the registrant of the basic registered product and the second party (“the distributor”). Refer to 40 CFR 152.132(a) The basic registrant is the only one who can submit EPA Form 8570-5 as explained in 40 CFR 152.132(a) and in the EPA Form 8570-5 instructions. The application, which includes the 8570-5 form and a cover letter must include the following information:
- the cover letter must have the name and address of the registrant of the basic registered product;
- the 8570-5 form must have the basic registered product and the registration number of the federally registered product; and
- the name and address of the distributor, the distributor's company number, and the name of the distributor product. If EPA has not already assigned the distributor a company number, one will be assigned upon written request, and must be assigned before 8570-5 is completed and submitted. Refer to Chapter 14, or below, for obtaining a company number; and to Chapter 21 for the address and distribution code when submitting.
Applications that are incomplete or that contain errors will be returned with a checklist explaining the reason for rejection or disapproval.
- The distributor product is produced, packaged, and labeled in a registered establishment operated by the same producer (or under contract with basic producer according to 40 CFR 152.30) who produces, packages, and labels the basic registered product (40 CFR 152.132(b)).
- The distributor product may not be repackaged. It must remain in the basic registrant's or producer's original, unopened container. Refer to Chapter 14, which explains how to obtain an establishment registration.
The labeling associated with the distributor product must be the same as that of the basic registered product, with the following exceptions:
- the product name of the distributor's product may be different from that of the registrant's, but it may not be misleading (40 CFR 152.132(d)(1);
- the name and address of the distributor's company may appear instead of the registrant's name and address (a phrase such as “Distributed by...” must be used) (40 CFR 152.132(d)(2)), and 40 CFR 156.10(c));
- the EPA registration number of the basic registered product must be followed by a hyphen, followed by the distributor's company number (e.g., if the registration number of the registrant's product is EPA Reg. No. 999999‑88888, and the distributor's company number is 777777, then the distributor's number appearing on the label should be EPA Reg. No. 999999‑88888‑777777) (40 CFR 152.132(d)(3));
- the establishment number on the label must be that of the final establishment at which the basic registered product was produced, which includes packaging and/or repackaging for sale (40 CFR 152.132(d)(4)); and
- any specific claims on the registrant's label, such as the sites of application or pests to be controlled, may be omitted from the distributor's product label provided that no changes are necessary in any of the precautionary or other labeling of the basic registered product (40 CFR 152.132(d)(5)).