Disclaimer:  The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Product Transfer Guidance: Sample Cover Letter – Template
Supplement to Pesticide Label Review Manual Chapter 16: Transfer of Product Registrations and Data Rights

Office of Pesticide Programs 
Office of Chemical Safety and Pollution Prevention 
U.S. Environmental Protection Agency

Note: Only use this particular cover letter if you intend to produce new product under the old label during the 18-month post transfer grace period.

If not then, please include a standard cover letter, signed and dated, on company letterhead, explaining your intent to transfer.

<Insert Date>

Document Processing Desk (XFER)
Office of Pesticide Programs 
U.S. Environmental Protection Agency
Room S-4900, One Potomac Yard
2777 South Crystal Drive
Arlington, VA 22202

Dear Mr. Vaughn:

Subject:		[TRANSFEROR]  (EPA Company Number xxx)
			Transfer of EPA Company Number to
			[TRANSFEREE] 

[TRANSFEROR] [EPA Company Number xxx] requests that the U.S. Environmental Protection Agency transfer certain EPA registered products to [TRANSFEREE] .   

A Transfer Document, executed by authorized representatives of both parties, provides the required documentation and affirmations delineated at 40 CFR §152.135(b) and (c) to effect this request for transfer of EPA product registrations.  The Transfer Document is enclosed with this letter.

In support of the sale of the products and the registrations from [TRANSFEROR] to [TRANSFEREE], the sale agreement provides a transition period of eighteen months after EPA’s approval of the transfer of the registrations and corresponding product labels. [TRANSFEROR] provides the licenses and other necessary rights to use the company name and logo during the transition period. This allows for the continuation of production during this period with seamless transition of the product registrations while maintaining supply of the product to customers. During the transition period, transferee completes internal activities to ensure manufacturing and supply processes are established to produce product bearing [TRANSFEREE’s] registered label upon obtaining the necessary state registrations. In addition, the sales agreement provides, as necessary, transitional services including regulatory, manufacturing, supply, and product services (e.g., call center) support for this transitional period.

Consistent with the sale agreement explained above for the registered products subject to this transfer, [TRANSFEROR] requests that EPA allow the labels which currently appear on [TRANSFEROR’s] product to continue to be used up to 18 months after the effective date of the transfer.

Under the terms of 40 CFR §152.135(d), I understand that the Agency will approve the transfer without requiring that the Transferee obtain new registrations and that the Agency will notify the Transferor and the Transferee of its approval of this transfer request.

COMPANY NUMBER TRANSFER AGREEMENT
(Used for EPA Company Number Transfer)
Reference:  40 CFR § 152.135 and 40 CFR § 152.98

Notification is made this ______ day of ______________, 2020, by and between the TRANSFEROR COMPANY ____________________________________________ and the TRANSFEREE COMPANY _______________________________________________.  In consideration of mutual covenants and agreements made and/or for good and valuable consideration, the parties agree as follows:  

1.  PARTIES.  For the purpose of this Agreement, “Parties” shall mean: 

a)	TRANSFEROR (Former Company/Entity):
EPA Company Number:	_________________
Company Name:	___________________________________________
Address:	_____________________________________________________________
City:	____________________________   State:   _____   Zip:   ______________
State (or Foreign Country) of Incorporation:	______________________
Name of Authorized Company Official or Agent: _______________________________
Title of Authorized Company Official or Agent: ________________________________
Original Signature of Authorized Company Official or Agent: _______________________
Date Signed:  ____________________________

b)	TRANSFEREE (New Company/Entity Name and Address):
Company Name:	_______________________________________
Address:	_____________________________________________________________
City:	____________________________   State:   _____   Zip:   ______________
State (or Foreign Country) of Incorporation:	______________________
Name of Authorized Company Official or Agent: _______________________________
Title of Authorized Company Official or Agent: ________________________________
Original Signature of Authorized Company Official or Agent: _______________________
Date Signed:  ____________________________

2.	REGISTRATION.  For the purpose of this Agreement, “Registration” shall mean ALL Product Registrations under this Company Number.

ALL or

NONE / NOT APPLICABLE 

3.	REGISTRATION ASSIGNMENT.  Transferor does hereby irrevocably transfer to the Transferee all right, title and interest in the above mentioned EPA registrations.  

4.	DATA ASSIGNMENT.  Transferor does hereby irrevocably transfer to the Transferee all rights, titles and interest in the items of data owned by and related to this EPA Company Number.  You may list them in APPENDIX A .  Or, you may simply state:

ALL or 

	NONE / NOT APPLICABLE 

5.	WARRANTY OF TITLE.  Transferor warrants that it is the lawful owner of the property hereby conveyed and that such property (registrations and/or data) shall not serve as collateral or otherwise secure any loan or other payment arrangement or executory promise, and that the registration(s) and/or data shall not revert to the transferor unless a new transfer agreement is submitted to and approved by the Agency.  

6.	REASON FOR TRANSFER.  (YOU MUST DESCRIBE the general underlying nature of the transaction, [e.g. sale, merger, court order or spin-off] etc. – no financial details or confidential information need be disclosed). 

	 SALE        MERGER	   SPIN-OFF       OTHER __________________	

7.	FALSE STATEMENTS.  The Transferor and Transferee understand that any false statement regarding these documents may be punishable under 18 U.S.C. 1001.

8.	TRANSFEREE ACKNOWLEDGEMENT.  Transferee acknowledges that his rights and duties concerning registration under FIFRA and Title 40, Chapter 1, Subchapter E of the Code of Federal Regulations will be deemed by EPA to be the same as those of the Transferor at the time the transfer is approved.   

TRANSFEROR AFFIRMATION STATEMENT
Reference:  40 CFR § 152.135(c) and 40 CFR § 152.98(b)

The TRANSFEROR ______________________________ hereby affirms that:

(1)  The person signing the transfer agreement for the Transferor is authorized by the registrant and/or original data submitter to bind the Transferor;

(2)  No court order prohibits the transfer, and any required court approvals (if any) have been obtained; and

(3)  The transfer is authorized under all relevant Federal, State and local laws and all relevant corporate charters, bylaws, partnerships, or other agreements.

[Note: To help prevent fraud, please do not authorize yourself.  The person signing the Affirmation Statement should be another company authorized official other than the person who signed the Transfer Agreement.]

__________________________________________________        Date: _______________
[Signature of Transferor’s Affirmation Official or Agent]  

___________________________________________________
  [Printed Name and Title of Affirmation Official or Agent]

[Note: This Affirmation Statement must be notarized.]

NOTARIAL CERTIFICATE   

____________________________________

IT IS IMPORTANT TO BE ABLE TO CONTACT YOU !

In addition to the prescribed sample cover letter, please include an additional cover letter on company letterhead which includes:

NEW Contact Person: ____________________________________

NEW Contact Phone Number: ___________________________

NEW Fax Number:  __________________________ (if available) and

NEW Contact Email Address:  ______________________________

If you have an Agent** (or new agent), please include the same above information for the agent as well.

Agent: ____________________________________________

Agent Contact Person: _______________________________

Agent Contact Phone Number: ___________________________

Agent Fax Number:  __________________________ (if available) and

Agent Contact Email Address:  ______________________________

** Note:  By “Agent” we mean a third party authorized to act for the company.  This is not to be confused with an “Agent/Member” such as with an LLC.

Transfer Addresses:
Due to COVID-19 precautions, please do not submit by mail or courier.  Please submit (in PDF, DOC or XLS format) to:  companyownershipchanges@epa.gov 

BEST ADDRESS

The addresses for company ownership, registration and data transfers are:

For Items Sent Via Courier: *

Document Processing Desk (XFER)
Office of Pesticide Programs (7504P)
U.S. Environmental Protection Agency
Room S-4900, One Potomac Yard
2777 S. Crystal Dr.
Arlington, VA  22202

* NOTE: It is preferable to use the above XFER address with a courier like, FedEx, UPS, DHL etc.. Couriers have their own security systems and can deliver directly to us at Arlington, VA.  However, if you cannot afford a courier, you may use the US Postal Service address below, to the Washington, DC address.  Keep in mind that US Mail sent to Washington, DC is diverted, X-rayed etc., and may take several days to be forwarded to us in Arlington, VA.

For Items Sent Via US Postal Service: 

For US Mail Only

Document Processing Desk (XFER)
Office of Pesticide Programs (7504P)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave NW
Washington, DC  20460-0001

You may also fax it to our secure FAX at (703) 305-7670.  Our Fax is B&W only and can accept documents of “Fine” to “Standard” image quality, sent at transmission speeds from 9600 baud to 33600 baud. 

Please do not submit documents to an EPA employee email address unless specifically requested.

Other Address: 
Request for a Change of Company Name and/or Address
Document Processing Desk (COADR)	
Office of Pesticide Programs (7504P)	
U.S. Environmental Protection Agency
Room S-4900, One Potomac Yard
2777 S. Crystal Dr.
Arlington, VA  22202