Does a change in trade name require a different action from a change in composition?
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Does a change in trade name require a different action from a change in composition?
They are different changes with different consequences.
A trade name is what the label and the records call the article. 40 C.F.R. § 169.2(b) requires a device producer to keep the brand name and the quantity of each device produced, retained two years, and 40 C.F.R. § 156.10(a)(5) makes labelling that is false or misleading in any particular a misbranding. So a change of name changes the label and the records that name it. A change to what performs the intended pesticidal purpose goes further, because the classification at 40 C.F.R. § 152.500(a) turns on the article and on its working by physical means. EPA states the test for a device in its own words: “A device must work solely by physical means (such as electricity, light or mechanics).” That sentence is EPA's published interpretation in a compliance advisory, not the text of the statute.
Source: 40 C.F.R. §§ 152.500, 156.10 and 169.2, as published on eCFR; EPA Compliance Advisory 305F20004 (October 2020), at 1.
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