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Last updated on Wednesday, August 15, 2012 

Pesticides: Regulating Pesticides 

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,. Chapter 9 - Supplemental Distribution of a Registered Pesticide 

Pesticide Registration Manual: 

Chapter 9 - Supplemental Distribution of a 

Re 1stered Pesticide 

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on this page. See EPA's PDF page to learn more. 

Current as of August 2010 

In this Chapter: 

• Supplemental Distribution of a Registered Pesticide 

• Requirements for Approval of Supplemental Distribution 

• Cancellation of a Distributor Product 

• Where to Submit All Communications Concerning a 

Supplemental Registration of a Distributor Product 

• Where to Reguest a Company Number 

• Where to Reguest an Establishment Registration 

• Contacts for More Information 

• References Cited in Chapter 9 

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Registration Manual 

Table of Contents 

Introduction 

Requirements for Pesticide 

Registration and Registrant 

Obligations 

Registering a Pesticide 

Product 

Additional Considerations 

for Biopesticide Products 

Additional Considerations 

for Antimicrobial Products 

Registration Fees 

Amending a Registered 

Pesticide Product 

Notifications and Minor 

Formulation Amendments 

Inert Ingredients 

Supplemental Distribution 

of a Registered Pesticide 

Data Compensation 

Requirements 

Tolerance Petitions 

Applying for an 

Experimental Use Permit 

Devices 

How to Obtain an EPA 

Company or Establishment 

Number and Change of 

Address of Contact 

Information 

Submitting Data and 

Confidential Business 

Information 

Transfer of Product 

Registrations and Data 

Rights 

State Regulatory Authority 

Other Federal or State 

Agency Requirements 

How to Obtain Publications 

Forms and How to Obtain 

Them 

Directions for Submitting 

Applications and Contacting 

EPA 

Appendices 

• Appendix A: Guidance 

Documents 

• Appendix B: Examples of 

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Supplemental Distribution of a Registered Pesticide 

Registrant Documents 

• Appendix C: Pesticide 

Forms Overview Table 

• Appendix D: Examples of 

Completed Forms 

According to 40 CFR 152.132 (PDF) (1 pp, 131.94 k About POE), 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 (PDF) (1 pp, 131.94 k About PDF). 

Important Note: Supplemental registrations are only an extension of a currently federally 

registered pesticide product. They are a duplication of the basic registered product and must 

reflect any changes in formulation or labeling made to the basic registered product within the 

same timeframe imposed on that product. 

• If the basic registered product is canceled, the supplemental registration is automatically 

canceled effective on the same date as the basic registered product, and existing stocks 

must be sold in the same time period (40 CFR 152.132Ce) (PDF) (1 pp, 131.94 k Ab.n.ut 

EQE)). 

• If the basic registered product is transferred to another company, supplemental 

distributorships do not transfer with the section 3 registration. Registrants must notify 

all supplemental distributors of the transferred product of the transfer agreement. 

• If the new registrant wishes to continue any supplemental distributorship or add new 

ones, the registrant must fill out a new "Notice of Supplemental Distribution of a 

Registered Product" Form 8570-5 (PDF) (2 pp, SOSk). 

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 (PDF) (2 pp, SOSk), 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) (PDF) (1 pp, 131.94 k About POE). 

The application form must include the following information: 

• the name and address of the registrant of 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. Refer to Chapter 21 

for the address. 

Applications that are incomplete or that contain errors will be returned with a 

checklist explaining the reason for rejection or disapproval. 

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• 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) (PDF) (1 pp, 131.94 k About PDF)). 

• 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) (PDF) (1 pp, 

131.94 k About PDF)); 

• 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) (PDF) (1 pp, 131.94 k About PDF), and 40 CFR 156.10(c) 

(PDF) (6 pp, 162.65 k About PDF)); 

• 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) (PDF) (1 pp, 131.94 k About PDF)); 

• 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) (PDF) (1 pp, 131.94 kAbout PDF)); 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) (PDF) (1 pp, 131.94 k About PDF)). 

Important Note: The distributor, also known as a "subregistrant," may not make additions to 

the registrant's basic product label (i.e., add claims, additional sites, or pests). 

Cancellation of a Distributor Product 

When a registrant enters into a relationship with a supplement distributor, for each product 

involved, the registrant must submit to the Agency a statement signed by both registrant and 

supplemental distributor that lists the names and addresses of both parties, the distributor's 

company number, any additional brand names to be used, and the registration number of the 

product {40 CFR 152.132(a) (PDF) (1 pp, 131.94 k About PDF)). Providing a complete Form 8570-5 

(PDF) (2 pp, 505k) fulfills this requirement. Just as the registrant's product ("the basic 

registration") may have alternate brand names, a Supplemental (Distributor) Product can have 

multiple names associated with a product. 

If a registrant voluntarily cancels its basic product registration, 40 CFR 152.132(e) (PDF) (1 pp, 

131.94 k About PDF) states all distributor products distributed or sold under that registration 

number are also canceled and that the registrant is responsible for notifying all distributors of 

the terms and conditions of cancellation. A 6(f) voluntary cancellation request can be submitted 

via letter on company letterhead. 

In addition to instances when a basic registration is voluntarily canceled, and therefore all 

distributor products are canceled, the registrant may wish to notify the Agency that a 

supplemental distributor relationship has ended. In this situation the basic registration remains 

but the distributor product is canceled. There are also times when the registrant and/or 

distributor wants to remove a brand name from a distributor product while keeping both the 

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basic and distributor registrations active. The Agency requests that these types of notifications 

be provided by Jetter. To assure efficient processing, when notifying the Agency of the end of a 

supplemental distributor relationship, the following should be included in the subject line and 

body of the request letter: 

"Notification of Termination of Supplemental Distributor Agreement," then add the PRODUCT 

NUMBER including the distributor company number for which the relationship has ended. 

When notifying the Agency of changes to the brand name of a supplemental distributor product, 

the following should be included in the subject line and body of the request letter: 

"Notification of [Removal and/or Change] of Distributor Product Name," then add the PRODUCT 

NAME you would like removed or changed. 

Please note, when a basic registrant terminates a supplemental registration, EPA interprets 40 

CFR 152.130(c) (PDF) (2 pp, 135.03 k About PDF) to generally permit a supplemental distributor 18 

months to sell and distribute existing stocks after the basic registrant terminates the 

supplemental registration. In this context, the supplemental registrant's existing stocks are only 

those affected pesticide products that have been released for shipment as of the effective date 

of termination of the subject supplemental registration. Sale or distribution of any quantities of 

the affected distributor product produced after the effective date of termination would be 

considered illegal under FIFRA. It is important to note that while EPA regulations and policy may 

permit such distribution or sale of existing stocks for 18 months following termination of the 

supplemental distribution, the contractual arrangement between the basic registrant and the 

supplemental distributor may contain terms that further limit or preclude sale and distribution 

by the supplemental distributor (although such contractual arrangements would be enforceable 

through the courts, and not by EPA). The registrant and supplemental distributor are equally 

liable for any violations that occur during the 18 months during which the existing supplemental 

product can be sold, unless a contractual arrangement between the two limits the existing 

stocks period. The ability for the supplemental distributor to sell and distribute is linked to the 

liabilit'\ of the basic registrant. If the supplemental distributor is legally selling and distributing, 

the basic registrant is still liable for any violations. The basic registrant would not, however, be 

liable for any violations stemming from distributor product that is produced after the 

termination of the relationship. After the relationship between basic registrant and 

supplemental distributor is officially and totally terminated (either by the passing of 18 months 

after the basic registrant notified the Agency of the end of the relationship or by a contract that 

finally ends the relationship earlier by disallowing existing stocks), the basic registrant is no 

longer liable for any violations that occur based on the distributor's product. 

Where to Submit All Communications Concerning a Supplemental 

Registration of a Distributor Product 

The registrant of the basic registered product should submit the completed application and any 

requests or notifications to: 

U.S. Environmental Protection Agency 

Document Processing Desk (DIST) 

Office of Pesticide Programs- 7504P 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460-0001 

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Where to Request a Company Number 

To obtain an EPA assigned company number (PDF) {4 pp, 118k), submit a written request to the 

Office of Pesticide Programs at the following address and as described in Chapter 14: 

U.S. Environmental Protection Agency 

Document Processing Desk (NEWCO) 

Office of Pesticide Programs- 7504P 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460-0001 

Where to Request an Establishment Registration 

Information on how and where to register an establishment (pesticide product producing 

facility) may be found on the Pesticide Establishment Registration and Reporting Web page and 

Chapter 14. 

Contacts for More Information 

For further information, please contact Barbara Purnell (purnell.barbara@epa.gov) or by calling 

703-305-5780. 

References Cited in Chapter 9 

Refer to Chapter 19 for information on the sources of these documents. 

Code of Federal Regulation. Title 40 

• Part 152 - Pesticide registration and classification procedures 

• Part 156 - Labeling requirements for pesticides and devices 

EPA Form 8570-5 CPDFl (2 pp, SOSk) - Notice of Supplemental Registration of Distributors 

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