CHAPTER 5 - HOW TO APPLY FOR SUPPLEMENTAL REGISTRATION OF A REGISTERED PESTICIDE A. GENERAL INFORMATION 40 CFR 152.132 provides specific information on the supplemental distribution or supplemental registration of another registered pesticide. A supplemental registration is also referred to as a "distributor product." 40 CFR 152.132 states that a registrant may distribute or sell his/her registered product under another person's name and address instead of (or in addition to) his/her own. Such distribution and sale is termed "supplemental distribution" and the product is referred to as a "distributor product." The distributor 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. IMPORTANT NOTE: 1) Supplemental registrations are only an extension of a currently registered pesticide product. They are a duplication of the basic registration and must reflect any changes made to the basic registration within the same timeframe imposed on the basic registration. 2) If the basic registration is canceled, the supplemental registration is automatically canceled effective the same date as the basic registration. B. REQUIREMENTS FOR SUPPLEMENTAL DISTRIBUTION APPROVAL Supplemental distribution is permitted upon notification to the Agency if all the following conditions are met: 1. The registrant of the product for which the second party wishes to obtain supplemental registration has submitted to the Agency a statement (EPA Form 8570-5, Notice of Supplemental Registration of Distributor) signed by both the registrant of the basic registered product and the second party ("the distributor"). The following information is required on the application form: a. The name and address of the basic registrant and the registration number of the registered product; b. The name and address of the distributor, the distributor's company number, and the name of the product to be used on the product you plan to distribute. If you do not already have a company number assigned to your company, a company number will be assigned by the Agency upon written request, to the Registration Division's Registration Support Branch. Refer to Chapter 18 for the address. IMPORTANT NOTE: The second party (the "Distributor") must have a company number prior to your notification to the Agency of supplemental distribution. (See section D of this Chapter.) 2. The product the "Distributor" intends to distribute must be produced, packaged, and labeled in a registered establishment operated by the same producer who produces, packages, and labels the basic registered product. 3. The "Distributor's" product may not be repackaged: it must remain in the basic registrant's or producer's original unopened container. However, a "Distributor" may repackage the registered product for the distributor's use if he/she has a contract with the basic registrant to do so, and if the "Distributor" has his/her establishment registered. Refer to Chapter 11 which explains how to obtain an establishment registration. 4. The labeling associated with the product the "Distributor's" wishes to distribute must be the same as that of the basic registered product, except that: a. The product name of the "Distributor's" product may be different from that of the basic registrant's, but it may not be misleading; b. The name and address of the "Distributor's" company may appear instead of that of the basic registrant's name and address; c. The EPA registration number of the registered product must be followed by a hyphen, followed by the "Distributor's" company number; (For example, if the registration number of the basic registrant's product is EPA Reg. No. 999999-88888, and the "Distributor's" company number is 777777, then the "Distributor's" number that would appear on the label would be EPA Reg. No. 999999-88888-777777); d. The establishment number must be that of the final establishment at which the registered product was produced and/or packaged; and, e. Any specific claims on the basic registrant's label, such as the sites of application or pests to be controlled, may be deleted from the "Distributor's" label provided that no changes are necessary in any of the precautionary or other labeling of the basic product. IMPORTANT NOTE: The "Distributor" may not make additions to the basic registrants label (for example, add claims, additional sites or pests), nor alter the precautionary labeling statements or directions for use. C. WHERE TO SUBMIT AN APPLICATION FOR SUPPLEMENTAL REGISTRATION OF A DISTRIBUTOR PRODUCT The registrant of the basic product should submit the completed application to: Document Processing Desk (DIST) Office of Pesticide Programs - H7504C U.S. EPA 401 M St., S.W. Washington, D.C. 20460 D. WHERE TO REQUEST A COMPANY NUMBER AND ESTABLISHMENT REGISTRATION If you do not already have an EPA assigned company number, submit your request in writing to the Registration Support Branch. Refer to Chapter 18 for the address. If you plan to enter into a contract to produce a pesticide an establishment registration for each separate location must first be obtained from the Agency. Refer to Chapter 11. E. REFERENCES CITED IN CHAPTER 5 - Refer to Chapter 16 for information on the source of these documents. 1. Code of Federal Regulations, Title 40 Part 152 - Pesticide registration and classification procedures 2. EPA Form 8570-5