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 SUPPORTING STATEMENT FOR 

AN INFORMATION COLLECTION REQUEST

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection: 

TITLE: Notice of Supplemental Distribution of a Registered Pesticide Product

OMB No.: 2070-0044 EPA No.: 0278.12

1(b) Short Characterization/Abstract

This information collection activity notifies the Environmental Protection Agency (EPA) 

of supplemental distribution of registered pesticide products. As mandated by the Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, EPA is responsible for the 

regulation of pesticides. Section 3 (e) of FIFRA (7 U.S.C. 136a (e)) allows pesticide products 

with the same formulation, label claims, and manufacturer as a registered product to be distributed 

under the same registration as the basic product (see Attachment A). Pesticide registrants may 

distribute or sell registered pesticides under a different product name in addition to the registered 

name, or under a different entity’s name and address. Such distribution and sale is termed 

“supplemental distribution” and the product is termed a “distributor product.” EPA requires 

pesticide registrants who enter into supplemental distribution agreements with other companies to 

submit EPA Form 8570-5, Notice of Supplemental Distribution of a Registered Pesticide Product

(see Attachment B). Supplemental registrations are only an extension of a currently federally 

registered pesticide product.

Distributor products must reflect any changes in formulation or labeling made to the basic 

registered product within the same timeframe imposed on that product. A distributor is considered 

an agent of the registrant; both the registrant and the distributor may be held liable for violations 

pertaining to the distributed product. In addition to notifying the Agency, an individual or entity 

may become a distributor upon meeting the regulatory conditions. Distributor products must be 

the same as the registered product, and may not be repackaged (must remain in the producer’s 

unopened container); distributor product labels must bear qualifications such as “distributed by,” 

or “sold by;” the labeling must bear the same claims as the basic registered product -- with the 

exception of deletion of specific claims. In addition, although the distributed product’s name may 

be different from that of the registered product, it may not be misleading. This information 

collection request (ICR) is a proposed renewal of an existing ICR currently approved by Office of 

Management and Budget (OMB) that is due to expire on November 30, 2016. 

2 NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This information is required to be submitted pursuant to Section 3 (e) of FIFRA, as 
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amended. Regulations pertaining to supplemental distribution of pesticide products are contained 

in Title 40 CFR Part 152.132 (see Attachment C).

2(b) Practical Utility/Users of the Data

Section 3 (e) of FIFRA requires pesticide registrants to notify the Agency when they enter

into an agreement with a second company to distribute the registrant's product under the second 

company and product’s name. The distributor is considered an agent of the registrant for all 

intents and purposes under the Act, and both the registrant and the distributor may be held liable 

for violations pertaining to the distributor product. EPA’s Office of Pesticide Programs (OPP) is 

responsible for maintaining information about supplemental distribution agreements.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non duplication

This is the only information collection activity of its kind, performed only once per receipt 

of a notice of distributor registration. Therefore, the possibility of duplication does not exist.

3(b) Public Notice Required Prior to ICR submission to OMB

Pursuant to 5 CFR 1320.8(d), EPA is publishing a Federal Register (FR) notice soliciting 

comment on this information collection activity and announcing the Agency’s intent to renew the 

OMB approval of this ICR. The FR notice and the proposed renewal ICR as well as any public 

comments are located in the docket for this action, which can be accessed at 

http://www.regulations.gov using the docket identifier EPA-HQ-OPP-2016-0108.

3(c) Consultations

Under 5 CFR 1320.8(d)(1), agencies are required to consult with potential ICR 

respondents and data users about specific aspects of ICRs before submitting a renewal ICR to 

OMB for review and approval. During preparation of this ICR renewal, EPA staff will contact 

respondent representatives to seek feedback on the burden estimates in the ICR and the clarity of 

guidance provided. Their responses to EPA’s consultation efforts will be summarized and made 

publicly available with the final ICR renewal request.

 

3(d) Effects of Less Frequent Collection

This activity is only conducted once per "event" (one notification is submitted per 

product); it is not possible to reduce the frequency of the collection. EPA must maintain the 

current frequency of this collection under FIFRA Section 3 (e).

3(e) General Guidelines

Long-term recordkeeping: The only PRA-imposed guideline in 5 CFR 1320.6 that may 
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be exceeded in this collection is the record-keeping retention period. The registrant and the 

distributor are expected to maintain copies of their distribution agreement (EPA Form 8570-5) as 

long as the registration is valid or until the parties notify EPA that they have voluntarily dissolved 

the distribution agreement. Registrations are valid unless they are voluntarily canceled or 

withdrawn by the registrant or until EPA has cause to suspend or cancel the registration as a result 

of the Registration Review Program or an adverse finding by the Agency. 

Since the average period of marketability of a pesticide ranges from 15 to 30 years, the 

PRA-imposed guideline indicating that data, other than health, medical, or tax records need not be 

retained for more than 3 years generally will be exceeded in this program.

Electronic submissions: OMB regulations require agencies to provide a statement 

indicating whether the proposed collection of information involves the use of automated, 

electronic, mechanical, or other technological collection techniques or other forms of information 

technology, e.g., permitting electronic submission of responses, and an explanation of the decision 

(5 CFR 1320.5(a)(iii)(E)). At this time, OPP is not offering a fully electronic submission option

but will soon be offering the option to submit via the Agency’s Central Data Exchange (CDX) 

Portal. As this information collection request indicates, both the basic product registrant and the 

distributor must sign the required notification. While EPA Form 8570-5 is available and fillable 

online, the form currently needs to be printed out to be signed. Once the 8570-5 form is signed by 

both parties, it may be mailed or submitted as a pdf via the CDX Portal. 

The CDX Portal is the Agency’s way to extend full electronic submission options in 

keeping with the June 22, 2012 OMB memo on "Reducing Reporting and Paperwork Burdens" 

and other related policy and guidance. Electronic submission via the CDX Portal should reduce 

the time needed to complete the form and the activities described in Sections 4 and 5 of this ICR 

while improving the overall quality of submissions.

3(f) Confidentiality

Product distributorship data submitted by basic product registrants under FIFRA Section 

3(e) are considered by OPP to contain no confidential business information (CBI). 

3(g) Sensitive Questions

No information of a sensitive or private nature is requested in conjunction with this 

information collection activity. Further, this information collection activity complies with 

provisions of the Privacy Act of 1974 and OMB Circular A-108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

Potential respondents are individuals or firms engaged in registration and distribution of

pesticide products. The North American Industrial Classification System (NAICS) code for 
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businesses participating in this program is 325320 (Pesticide and other Agricultural Chemical 

Manufacturing). 

4(b) Information Requested

 (i) Data Items, Including Record Keeping Requirements

Pursuant to 40 CFR 152.132, supplemental distribution of a registered pesticide is 

permitted if the registrant meets all of the conditions and submits a completed and signed EPA 

Form 8570-5, Notice of Supplemental Distribution of a Registered Pesticide Product. Sub-section 

152.132 (a) requires the registrant to furnish the following information:

• EPA registration number of the product to be distributed;

• EPA-assigned distributor company number; 

• Name of the registered product to be distributed;

• Name and address of the basic product registrant;

• Name to be used on the distributed product;

• Name and address of the distributor;

• Signature and title of the distributor and date signed; and 

• Signature and title of the basic product registrant and date signed.

(ii) Respondent Activities

For each distributor product, the basic product registrant must send to EPA a completed 

Form 8570-5, signed by both the basic product registrant and the distributor (see Attachment E for 

instructions and EPA’s requirements). Responsibility for regulatory compliance rests primarily 

with the basic product registrant. However, both the registrant and the distributor may be held 

liable for any violation of FIFRA. 

A registrant wishing to distribute a registered product under a different name or through a 

different company goes through the process summarized below:

Summary of Steps to Notify EPA of Supplemental Distribution Agreement

Read Read form and instructions;

Request If necessary, obtain an EPA company number for the supplemental distributor;

Compile Assemble information; review for accuracy and completeness;

Submit Submit EPA Form 8570-5 to the Agency; 

Store File or otherwise maintain the information.

Before distribution and sale of EPA-registered pesticides, a company must have an EPAassigned company number. If the distributor company is different from the registrant of the 

product and has not previously obtained an EPA company number, the company needs to obtain

one before submitting the form to EPA (see Attachment F for instructions on how to obtain an 
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EPA company number). 

The Agency estimates that one-third of the responses submitted to EPA on Form 8570-5 

are completed using newly-assigned company numbers. This is a conservative estimate because 

the number of entities submitting requests to EPA for company number assignment as part of the 

process for a supplemental distribution agreement is often very low compared to the total number 

of forms that use newly-assigned distributor company numbers. The primary reason for such a 

discrepancy is that companies often establish multiple distribution agreements for multiple 

products, either with the same or with different registrants, and notifications for all of those 

products get submitted around the same time period. The exact number of company number 

requests that are submitted specifically for the purposes of becoming a distributor cannot be 

determined at this time, and EPA has used a larger estimate of one-third.

5. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Upon receipt of Notices of Supplemental Distribution of a Registered Pesticide Product, 

EPA Form 8570-5, the front-end process involves the following activities:

• receive distribution notices;

• pin-punch forms with date of receipt;

• make copies of the forms;

• screen forms for completeness of information; contact the registrant when needed;

• send letters of receipt to the registrants, including copies of the pin-punched forms;

• if items need to be corrected, include a correction checklist with the letter;

• send forms for review and follow up by product teams where the original product 

was registered; 

• enter information from reviewed forms in database under the basic registration file; 

and,

• scan original forms into an electronic filing system.

Consistent with labeling regulation 40 CFR 156.10, starting in 2010, a product team 

reviews the product information submitted on the form. The team verifies the registered product 

information and ensures that the distributor product name is in compliance with labeling as well as 

supplemental distribution regulations. If needed, EPA staff follows up with the registrant through 

the OPP division where the original product is registered. After product team review, the 

information is entered in an electronic database under the original registration of the product. The 

pin-punched forms are maintained in electronic records.

Summary of Steps for Reviewing and Recording Notification Information

Assign Assign an EPA company number to the supplemental distributor if the 

company does not already have one.
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Verify Verify the regulatory status of the primary registration that is to be 

supplementally distributed;

Acknowledge receipt Provide receipt of the supplemental distribution notice by mailing a copy of it 

to the distributor company;

Product information 

review

Check distributor product information; if necessary, follow-up with registrant; 

make decisions.

Process information Enter information from EPA Form 8570-5 (Notice of Supplemental 

Distribution of a Registered Pesticide Product) into an electronic "Distributor 

File," a part of the Office of Pesticide Programs Integrated Network (OPPIN);

File and maintain 

information 

Electronically file date-stamped form in the regulatory file of the parent 

Section 3 registration. This file is maintained by OPP at the Information 

Services Center.

5(b) Collection Methodology and Management

Registrants voluntarily enter into agreements with distributors. They are required, under 

FIFRA, to notify the Agency of these agreements. EPA maintains the original notifications in the 

regulatory file of the parent Section 3 registration at the OPP Information Services Center.

5(c) Small Entity Flexibility

Most of the companies participating in this program would qualify as small entities. The 

Agency closely examined potential burdens to small entities and instituted changes to this program 

in 1984. At that time, OMB approved the changes. The Agency also re-evaluated the general 

burden categories in 1986. The Agency believes that the burden imposed by this activity has been 

minimized to what is believed to be the minimal level at which this program can effectively 

function under the requirements specified in the FIFRA and the regulations for the enforcement of 

FIFRA.

5(d) Collection Schedule

Not applicable. This activity is conducted only once per "event" when the registrant 

submits a Notice of Supplemental Distribution of a Registered Pesticide Product, to the Agency. 

Therefore, there is no set schedule for collection of this information.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

The burden associated with this collection of information is estimated to be approximately 

19 minutes per response. To complete Form 8570-5, a distributor’s EPA-assigned company 

number must be included. Distributors without an EPA company number must send a formal 

request letter on company letter-head to the Agency to get one assigned (Attachment F). EPA 
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estimates that one-third of the responses submitted to EPA on Form 8570-5 are completed using 

newly-assigned company numbers. This is a conservative estimate; the actual number may be 

much lower because companies often enter into distributor agreements to distribute two or more 

registered products. The number of entities submitting requests to EPA for company number 

assignment during the reporting period is far fewer than the total number of forms that use newlyassigned distributor company numbers. 

Due to an overall increase in the number of supplemental distribution notifications 

received by the Agency over the last several years, the total burden hours has increased. Whereas 

EPA had expected to receive about 1,451 notice submissions annually over the past 3 years, based 

on the actual number of submissions received annually over that period (1,904 in FY2012, 1,822 

in FY2013, and 1,930 in FY2014), the Agency now expects to receive about 1,885 notice 

submissions annually over the next 3 years. Given this change, EPA estimates the total annual 

burden associated with the notice of supplemental distribution of a registered pesticide product to 

be 603 hours, as shown below:

Total annual notification burden for forms 

= number of ALL responses per year x time to complete notification 

= 1,885 x 0.32 hours 

= 603.2 hours

Total annual respondent burden is estimated to be = 603 hours

6(b) Estimating Respondent Costs

Consistent with recent ICR renewals, OPP is using labor cost estimates from Agency 

economists with respect to wages, benefits and overhead for all labor categories for affected 

industries, state government, and EPA employees. This approach uses a transparent and

consistent methodology and current publicly-available data to provide more accurate estimates and 

allow easy replication of the estimates.

Table 1. Methodology Used to Calculate Labor Costs 

Labor Cost 

Approach

Description

Methodology: The methodology uses data on each sector and labor type for an Unloaded wage rate

(hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + 

benefits), and the Fully loaded wage rate (loaded wage rate + overhead). Fully loaded 

wage rates are used to calculate respondent costs. This renewal uses data from 2014, 

which is the most recent.

Unloaded 

Wage Rate:

Wages are estimated for occupations (management, technical, and clerical) within 

applicable sectors. The Agency uses average wage data for the relevant sectors 

available in the National Industry-Specific Occupational Employment and Wage 

Estimates from the Bureau of Labor Statistics (BLS) at 

http://www.bls.gov/oes/current/oes_nat.htm. 

Sectors: The specific North American Industry Classification System (NAICS) code and 

website for each sector is included in that sector’s wage rate table. Within each sector, 

the wage data are provided by Standard Occupational Classification (SOC). The SOC 
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system is used by Federal statistical agencies to classify workers into occupational 

categories for the purpose of collecting, calculating, or disseminating data (see 

http://www.bls.gov/oes/current/oes_stru.htm). 

Loaded Wage 

Rate:

Benefits represent 46.3% of unloaded wage rates, based on benefits for all civilian 

non-farm workers, from http://www.bls.gov/news.release/ecec.t01.htm. 

Fully Loaded 

Wage Rate:

The loaded wage rate is multiplied by 50% (EPA guidelines 20-70%) to get overhead 

costs.

 

A copy of the formula work sheets used to estimate the labor rates and to derive the 

registrants’ fully loaded rates and overhead costs for this renewal are listed in Attachment G.

Table 2. Estimated Respondent Burden/Cost per Supplemental Distribution Application 

REGISTRANT HOURS, RATES TOTAL

Collection Activities

Mgmt, 

$/hr

Technical, 

$/hr

Clerical, 

$/hr Hours Costs

$135.39 $69.33 $45.19 

Read instructions 0.08 - - 0.08 $10.83 

Process, compile, review information for 

accuracy and appropriateness 0.05 - - 0.05 $6.77 

If necessary, obtain an EPA company 

number for the supplemental distributor - - 0.08 0.08 $3.62 

Complete and submit EPA Form 8570-5 0.03 - - 0.03 $4.06 

Store, file, or maintain information - - 0.08 0.08 $3.62 

Total 0.16 0 0.16 0.32 $28.89 

ANNUAL BURDEN: 603 Hours (= 0.32hrs X 1,885 responses)

ANNUAL COSTS: $54,463 (=0.32hrs X $28.89 average hourly wage rate)

6(c) Estimating Agency Burden and Cost

To determine Agency costs, the Agency used the Bureau of Labor Statistics estimates of 

labor rates for the North American Industry Classification System code for the Federal Executive 

Branch (NAICS 999100). Historical Submissions 

Table 3 summarizes the Agency process in reviewing the supplemental distribution 

applications, with associated hours and costs for each task. A copy of the formula work sheets 

used to estimate the labor rates and to derive the Agency’s fully loaded rates and overhead costs 

for this renewal are listed in Attachment H.
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Table 3. Estimated Agency Burden/Cost per Supplemental Distribution Application 

AGENCY HOURS, RATES * TOTAL

Collection Activities

Mgmt, 

$/hr

Technical, 

$/hr

Clerical, 

$/hr Hours Costs

$124.09 $81.53 $46.42 

If necessary, assign an EPA 

company number to the 

supplemental distributor.1

- - 0.08 0.08 $3.711

Verify, acknowledge receipt2 - - 0.03 0.03 $1.39 

• Initial product 

screening3 - 0.36 - 0.36 $29.35 

• Product review 

meeting3 0.63 - - 0.63 $78.18 

• Process disapproved 

product distribution information3 - 0.42 - 0.42 $34.24 

Process: Enter form information 

into electronic file in OPPIN - 0.5 - 0.5 $40.77 

File and maintain information - 0.02 - 0.02 $1.63 

Total 0.63 1.3 0.11 2.04 $59.204

 4 $1.24 (footnote 1) + $1.39 + $14.18 (footnote 3) + $40.77 + $1.63 = $59.20

The total annual Agency burden associated with the notice of supplemental distribution of 

a registered pesticide product is 1,260 hours. The tasks marked by the superscript 2 represent the 

review process in which some of the product information must be reviewed by the Agency to 

determine that supplemental distributed product names are consistent with 40 CFR 156.10 (5) and 

are not “misleading.” The annual total Agency cost is $111,592 an increase from $76,589 of the 

2012 ICR due to the increase in the average amount of submissions (2011-1,451 to 2014-1,885), 

and the wage rate.

* U.S. Department of Labor, Bureau of Labor Statistics. (2014) May 2014 National Industry-Specific Occupational 

Employment and Wage Estimates; NAICS 999100 – Federal Executive Branch (OES Designation). Available from 

BLS Web site at http://www.bls.gov/oes/current/naics4_999100.htm 1

This step is only necessary in a third of cases based on conservative estimates from historical data. In the 

calculations the maximum time was used, but the expected cost $1.24 (1/3 * $3.71) was used for total. 

2

Approximately 90% of forms received by EPA are completed correctly and undergo standard processing, 

requiring only clerical and technical labor types. 3 The rest of the forms (approximately 10%) require review by the Agency's product review team, requiring 

all three types of labor. In the calculations the maximum time was used, but the expected cost $14.18 [10% * 

$141.77 (29.35+78.18+34.24)] was used for total. 
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6(d) Bottom Line Burden Hours and Cost Tables

Total Annual Respondent and Agency Burden and Costs

Total

Hours Costs

Annual Respondent Burden/Cost Estimates 603 $54,463 

Annual Agency Burden/Cost Estimates 1260 $111,592

6(e) Reasons for Change in Burden

The total annual respondent burden associated with the notice of supplemental distribution 

of a registered pesticide product is 603 hours, a 216 hour increase from 387 hours estimated in the 

ICR from 2012. This increase is an adjustment based on the average number of supplemental 

registrations received by the EPA over the last three years which was approximately 1,885

responses per year (1,904 in FY2012, 1,822 in FY2013, and 1,930 in FY2014). Based on these 

numbers, the Agency estimates that it will receive an average of 1,885 supplemental registrations 

annually for the next three years. 

6(f) Burden Statement

The total estimated annual respondent paperwork burden to comply with this information 

collection activity is 603 hours, or about 19 minutes per response. This estimate includes the time 

needed to review instructions; utilize technology and systems for the purposes of collecting, 

validating, and verifying information, processing and maintaining information, and disclosing and 

providing information; adjust the existing ways to comply with any previously applicable 

instructions and requirements; train personnel to respond to a collection of information; search 

existing data sources; complete and review the collection of information; and transmit or 

otherwise disclose the information. An agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a currently valid OMB control 

number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing 

in the Federal Register, are listed in 40 CFR part 9, and included on the related collection 

instrument or form, if applicable (see Attachment I).

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPP-2016-0108, which is available for online viewing at http://www.regulations.gov, or in person 

viewing at the OPP Docket in the Environmental Protection Agency Docket Center (EPA/DC), 

located in EPA West, Room 3334, 1301 Constitution Ave, NW, Washington, DC 20460. The 

Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 

legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the 

telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions 

and additional information about the docket available at http://www.epa.gov/dockets. 

 

Comments regarding burden estimate or any other aspect of this collection of information,

including suggestions for reducing the burden may be submitted to EPA electronically through 
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http://www.regulations.gov or by mail addressed to Director, Collection Strategies Division, U.S. 

Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 

20460. You can also send comments to the Office of Information and Regulatory Affairs, of the 

Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk 

Office for EPA. Include docket ID No. EPA-HQ-OPP-2016-0108 and OMB number 2070-0044 in 

any correspondence. Follow the online instructions for submitting comments online. Do not 

submit electronically any information you consider to be Confidential Business Information (CBI) 

or other information whose disclosure is restricted by statute.

ATTACHMENTS LIST

All of the attachments listed below can be found in the docket for this ICR (unless otherwise 

noted), accessible electronically through http://www.Regulations.gov On the main page, select 

Advanced Search from the menu bar at the top and select Docket Search. Enter the Docket ID 

Number, EPA-HQ-OPP-2016-0108, in the Docket ID field. Click on the Submit button. From 

the results page, you will be able to link to the docket view or directly open select documents 

found in the docket.

Attachment A 7 U.S.C. 136a – Section 3 of FIFRA. Also available at online at the US House 

of Representatives’ US Code website.

Attachment B

EPA Form 8570-5 - Notice of Supplemental Distribution of a Registered 

Pesticide Product 

Also online at http://www.epa.gov/opprd001/forms/8570-5.pdf

Attachment C

40 CFR Part 152.132 - Obligations and Rights of Registrants -

Supplemental Distribution. Also available online at the National Archives 

and Records Administration’s Electronic CFR Website.

Attachment D Placeholder for future Consultations: List of Standard Questions and 

Industry Responses

Attachment E

Requirements for Approval of Supplemental Distribution 

Also available at: 

http://www.epa.gov/opprd001/registrationmanual/chapter9.html

Attachment F How to Obtain an EPA Company Number

http://www.epa.gov/pesticides/registrationkit/company-num_addr-chg.pdf

Attachment G Work Sheets used to Calculate Registrant & EPA Wage Rates 

Attachment H

Display Related to OMB Control #2070-0044 – Listings of Related 

Regulations in 40 CFR 9.1

Also available online at the National Archives and Records Administration’s

Electronic CFR Website.