Indiana Storage & Disposal Placement
Indiana and Maine are enforcing an EPA formatting requirement for all labels moving forward. The EPA describes which parts of labels should fall under the Directions for Use heading:
(ix) Specific directions concerning the storage, residue removal and disposal of the pesticide and its container, in accordance with subpart H of this part. These instructions must be grouped and appear under the heading, “Storage and Disposal.” This heading must be set in type of the same minimum sizes as required for the child hazard warning. (EPA document 40 CFR, Vol. 26, section 156.10, p. 71)
To avoid delayed renewal certificates, SRC recommends moving Storage and Disposal to the end of the Directions for Use section as soon as possible.
Choosing Brand Names
There is more to consider when choosing a pesticide brand name than consumer appeal. SRC State Registration Consultants have created the following table of principles to follow when choosing brand names.
|No false/misleading statements||Unacceptable example: “Fresh Squeezed Disinfectant” would be interpreted as misleading because Fresh Squeezed implies the product may be intended to be consumed|
|Must be approved by EPA prior to submitting state labels||Example: If “ABC Brand Surface Disinfectant” is approved by EPA for use on the product label, the brand name “ABC Brand Surface Disinfectant Cleaner 1” could not be used on the product label until EPA approves|
Use a name consistent with the directions for use
Acceptable example: Brand name is “XYZ Disinfectant” and product label includes at least disinfection directions for use & necessary organisms
Unacceptable example: Brand name is “XYZ Disinfectant”, but directions for use on the product label include only sanitization directions
|Include at least one institutional use site on the product label if the brand name contains Professional||Example: “Professional ABC Brand Surface Disinfectant” should have at least one institutional use site (such as: hospitals, schools, airports, etc.)|
|Select a name which does not imply heightened efficacy||
Example: Avoid names with “hospital strength,” “professional strength,” etc.
Identical product brand names cannot be used for products with different EPA Reg. No. and/or formulations
|A supplemental distributor can have the exact brand name as the basic registrant product since this is a repackaging scenario which would not be misleading to consumers||
Supplemental Distributor: XYZ Company
Sometimes, companies decide for multiple reasons to stop selling an EPA-registered product. Because old products will no longer be distributed, their manufacturers might assume they no longer need to be registered in states. But if EPA or state inspectors find unregistered products for sale, they can issue public penalties such as fines to retailers, distributors, manufacturers, and basic registrants. These penalties apply even if these products have not been distributed recently but have been sitting in a warehouse.
To reduce the likelihood of this problem, most states require registration even after ending distribution. This discontinuation process begins at renewal time, when your SRC State Registration Consultants notify states in writing which products to discontinue. Because most states require registration for at least two years after ending distribution, SRC keeps careful records of when discontinuation notification began in each state.
During these discontinuation years, companies must continue to pay registration fees. Only after the required years have passed can products be cancelled. The discontinuation process allows products to make their way out of warehouses, storage areas, and retail shelves, while remaining registered in states.
There are many exceptions to this simple explanation, including products that have been cancelled before being distributed and states that require more than two discontinuation years. It can also be difficult to track discontinuation progress in states that renew products for multiple years or change their policies mid-cycle. The good news is that SRC has it all under control. Our State Registration Specialists monitor the norms as well as the exceptions so that you can focus on making effective EPA-registered products.
- September 2020: Alert SRC if you plan to discontinue products.
- October 2020: SRC will be reaching out to request North Carolina sales. This data will be needed for renewals.
- October 2020: California will begin mailing renewal forms. Please remember to forward these forms to SRC for processing.
Kansas Renewal Certificate Delay
On January 6, 2020, the state of Kansas introduced a new website for pesticide and agricultural product registrations. As part of the registration renewal procedure, the state required companies to upload all label sizes for their products. Labels must be reviewed by the state prior to registration renewal acceptance.
Because of the large volume of label reviews, certificates from Kansas have been delayed. Kansas is using the Pesticide and Fertilizer field staff to help them work through this backlog. Although an estimated timeline for acceptance has not been provided, our state contact indicated marketplace inspections have been suspended during this time.
We will update SRC Portal promptly as registrations are accepted.
Year-End State Team Renewal Activities
To prioritize meeting year-end registration deadlines in a fun, team-building environment, SRC staff create a renewal theme annually. The state team is looking forward to a trip down memory lane this year with the renewal theme of Decades!
Published 8/24/2020 by:
Rene’ Leitheim: State Registration Manager
Celeste Bontrager: Registration Specialist
Chelsey Sandlin: Registration Specialist
Michelle Rhoades: Registration Specialist
Michelle Warrix: Registration Specialist
Tom Spahr: Registration Specialist
Nicki Baker, Ph.D.: Registration Specialist