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Pesticide Registration Manual:
Chapter 9 - Supplemental Distribution of a Registered Pesticide

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Current as of August 2010

In this Chapter:


Supplemental Distribution of a Registered Pesticide

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

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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 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.

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).

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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 basic and distributor registrations active. The Agency requests that these types of notifications be provided by letter. 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 liability 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.

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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:

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Where to Request a Company Number

To obtain an EPA assigned company number (PDF) (3 pp, 20k), submit a written request to the Office of Pesticide Programs at the following address and as described in Chapter 14:

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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.

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Contacts for More Information

For further information, please contact Barbara Purnell (purnell.barbara@epa.gov) or by calling 703-305-5780.

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References Cited in Chapter 9

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

Code of Federal Regulation, Title 40

EPA Form 8570-5 (PDF) (2 pp, 505k) - Notice of Supplemental Registration of Distributors

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