Current through Register Vol. 54, No. 44, November 2, 2024
(a) A
supplier, as a condition of doing business in this Commonwealth, shall ensure
that the container of a chemical which is delivered to a point within this
Commonwealth by the supplier, or which is produced within this Commonwealth by
the supplier, is clearly labeled in the manner required by this
chapter.
(b) If a supplier sells or
distributes a product under its own private label, which is subject to the act
and which was manufactured in whole by a separate manufacturer, the supplier
may be deemed to be the manufacturer for the purpose of this chapter and may
list its own name, address and telephone number on the label instead of the
actual manufacturer if the following conditions are met:
(1) Upon request, with respect to products
manufactured by the manufacturer and sold or distributed by the supplier under
the supplier's private label, the supplier shall furnish information to a
person to whom a manufacturer would be required to provide information under
the act and this part.
(2) The
supplier obtains from the manufacturer the medical and scientific information
that the manufacturer is required to provide under section 4 of the act
(35
P. S. §
7304) and this part and
maintains this information so that it can immediately retrieve the information
upon request.
(3) The supplier
provides, upon request, the medical, scientific and other required information
for the product that the manufacturer would be required to provide. To the
extent the information has been designated a trade secret by the manufacturer,
the supplier shall also treat it as a trade secret and shall provide it in the
same manner and under the same circumstances as specified in section 11 of the
act (35 P. S. §
7311) and
this part. The supplier may be relieved of the obligation contained in this
paragraph if the supplier immediately provides the requestor with the name,
address and telephone number of the manufacturer.
(4) The supplier provides upon request the
full name, address and telephone number of the manufacturer. The information
shall be treated as a trade secret and shall be provided in the same manner and
under the same circumstances as specified in section 11 of the act and this
part. Upon request by the Department, the name of the manufacturer shall be
immediately provided without the necessity of a trade secret agreement. The
Department will treat the information as confidential in accordance with
section (11) of the act.
(5) The
manufacturer and supplier have a written, signed agreement which specifically
incorporates the requirements of paragraphs (1)-(4).
(c) If a supplier and manufacturer comply
with this section or otherwise seek to distribute a product under a private
label, the supplier and the manufacturer shall be jointly and severally liable
for a violation of section 4 of the act and other violations of the
manufacturer's obligations and responsibilities under the act and this part and
with respect to products manufactured by the manufacturer and sold or
distributed by the supplier under the supplier's private label.
