The registrant may distribute or sell his registered product under another person's name and address instead of (or in addition to) his own. Such distribution and sale is termed “supplemental distribution” and the product is referred to as a “distributor product.” 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. Supplemental distribution is permitted upon notification to the Agency if all the following conditions are met:
(a) The registrant has submitted to the Agency for each distributor product a statement signed by both the registrant and the distributor listing the names and addresses of the registrant and the distributor, the distributor's company number, the additional brand name(s) to be used, and the registration number of the registered product.
(b) The distributor product is produced, packaged and labeled in a registered establishment operated by the same producer (or under contract in accordance with § 152.30) who produces, packages, and labels the registered product.
(c) The distributor product is not repackaged (remains in the producer's unopened container).
(d) The label of the distributor product is the same as that of the registered product, except that:
(1) The product name of the distributor product may be different (but may not be misleading);
(2) The name and address of the distributor may appear instead of that of the registrant;
(3) The registration number of the registered product must be followed by a dash, followed by the distributor's company number (obtainable from the Agency upon request);
(4) The establishment number must be that of the final establishment at which the product was produced; and
(5) Specific claims may be deleted, provided that no other changes are necessary.
(e) Voluntary cancellation of a product applies to the registered product and all distributor products distributed or sold under that registration number. The registrant is responsible for ensuring that distributors under his cancelled registration are notified and comply with the terms of the cancellation.
[53 FR 15975, May 4, 1988, as amended at 60 FR 32096, June 19, 1995]
Title 40 published on 2012-07-01
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