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How to properly obtain and/or transfer establishment registrations under
Section 7 of FIFRA
If company A is purchasing company B in
its entirety, and both companies A and B already have existing company ID
numbers and establishment registrations, then:
1. Both company A and company B must notify US EPA, in writing, on appropriate
letterhead of the sale and the effective date of closing; both should
request that company B’s ID number and existing establishment registration(s)
be inactivated; and company A must, by application, request new establishment
registration(s) under company A’s ID number, for each specific site
sold by company B and now owned and operated by company A as a pesticide
or device producing establishment.
2. Only on a case by case bases, that is supported by valid business management
practice can company A assume company B’s ID number and existing
establishment registrations. In this case, both company A and company
B should notify US EPA, in writing, on appropriate letterhead of the sale
and the effective date of closing; and company A must, in writing, present
a case for assuming company B’s ID number and establishment registration(s)
with the request to transfer said ID and establishment registrations to
company A’s legal identity. This case will result in company A having
multiple ID numbers and establishment registrations under each company
ID number. This situation will also place a burden on both the regulator
and regulated entity.
If company A is purchasing company B in its entirety, and only company
B has an existing company ID number and establishment registration(s)
associated with the ID number, then:
1. Both company A and company B must notify US EPA, in writing, on appropriate
letterhead of the sale and the effective date of closing; both should
request that company B’s ID number and existing establishment registration(s)
be inactivated; and company A must, by application, request its own ID
number and new establishment registration(s) under company A’s ID
number, for each specific site sold by company B and now owned and operated
by company A as a pesticide or device producing establishment.
2. Company A can assume company B’s ID number and existing establishment
registrations by both company A and company B notifying US EPA, in writing,
on appropriate letterhead of the sale and the effective date of closing,
and company A requesting an amendment to the legal identification of company
B’s ID number and establishment registrations.
If company A is purchasing a part of company B and both companies A and
B already have existing company ID numbers and establishment registrations,
then:
1. Both company A and company B must notify US EPA, in writing, on appropriate
letterhead of the sale and the effective date of closing; both should
request that company B’s existing registration(s) assigned to the
specific establishments involved in the sale be inactivated; and company
A must, by application, request new establishment registration(s) under
company A’s ID number, for each specific site sold by company B
and now owned and operated by company A as a pesticide or device producing
establishment.
If company A is purchasing a part of company B and only company B has
an existing company ID number and establishment registration(s) associated
with the ID number, then:
1. Both company A and company B must notify US EPA, in writing, on appropriate
letterhead of the sale and the effective date of closing; both should
request that company B’s existing registration(s) assigned to the
specific establishments involved in the sale be inactivated; and company
A must, by application, request its own ID number and new establishment
registration(s) under company A’s ID number, for each specific site
sold by company B and now be owned and operated by company A as a pesticide
or device producing establishment.
THE MOST IMPORTANT FACT TO REMEMBER IS THAT NO TWO COMPANIES CAN SHARE
AN ESTABLISHMENT REGISTRATION UNDER SECTION 7 OF FIFRA
Gail Muffitt, Program Specialist
Section 7 Contact
U.S. EPA Region 5
Pesticides & Toxics Enforcement Section (DT-8J)
77 West Jackson Boulevard
Chicago, Illinois 60604-3590
(312) 886-6008
(312) 886-7061
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