Section 309.7. Supplier responsibilities

(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.

The provisions of this § 309.7 adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 2909; amended March 25, 1988, effective in accordance with § 301.4, 18 Pa.B. 1471; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3851. Immediately preceding text appears at serial page (126546).