The Kansas Department of Agriculture has recently started enforcing a state multipack policy based on interpretation of their pesticide law. Moving forward, Kansas will require all new multipack configurations to be registered separately from the individual brand name registrations with the standard $150 fee per antimicrobial multipack ($180 fee per multipack for products not classified as “antimicrobial”).
What is a Multipack?
A multipack is a combination of two or more products packaged and sold together. There are many types of multipacks, which can have different registration requirements in certain states. For example, two or more of the same product bundled and sold together (identical pack) may not require separate state registration actions. However, if the two products differ in any way, 7 to 9 of the U.S. states and territories will require registration prior to sale of the product.
Additionally, if the multipack has a label with a different name from the original product, all 50 states may require a separate registration. For example, two products sold in a boot with a label calling it the “Disinfectant Starter Pack” will be deemed a “new product” and will require a new product registration prior to sale.
Multipack Types and Compliance
The ever-changing landscape of state compliance can be difficult to navigate, particularly for multipacks .
Numerous states have different definitions and interpretations of Multipacks, Kits, Co-packs, and Combos. Presently, 5 to 10 states require separate registrations depending on the contents within the “pack”. The table below defines the different product combinations and registration needs:
*Non-registered products may include adjuvants, pesticidal devices, 25(b) exempt products, FDA-regulated products, cleaners, gloves, masks, sprayers, applicators, test strips, etc. Some of these product types may be state-registered individually, depending on state-specific regulations.
Due to the complexity of each state’s policy on multipack registrations, we recommend your regulatory team review any type of “packaged” bundles that includes a registered product prior to sale.
The SRC State Team will continue to monitor these state requirements and keep you apprised of new registration actions. We are available to discuss these details in more depth or provide a regulatory review of your firm’s packaging configuration and labeling to determine the appropriate registration path.
Published October 10, 2023 by:
Amy Toogood
Consulting Specialist I
Celeste Bontrager
Registration Specialist I