This confidential industrial client is a distributor of chemicals and related products and services with locations worldwide. Services include bulk chemical distribution, custom chemical blending, warehousing, and transportation.
As part of its planned divestiture of a key business unit, the client retained EHS Support to transfer 100 restricted-use pesticide licenses to the new owner for locations throughout the United States and Canada in accordance with the Federal Insecticide Fungicide Rodenticide Act (FIFRA) and corresponding state and Canadian provincial requirements. Due to the rapidly approaching sale, several permits required detailed efforts to ensure submittal to the agencies was completed within the regulatory and transaction timetable. To delay the transfers would mean business interruption to our client or the buyer.
The scope of work consisted of three main tasks:
- Identify transfer requirements and develop a strategy for implementation
- Facilitate information gathering for the applications
- Prepare license-transfer notifications/applications and submit completed transfer application packages to the appropriate regulatory agencies
EHS Support initiated the project by obtaining copies of all existing licenses and completing a regulatory review to verify the state requirements for transfer of each restricted-use pesticide individual or dealer license to a new owner. Transfer requirements were confirmed with the respective state regulators, and EHS Support carefully reviewed and updated each license and application form, requesting additional information from the client and the buyer as needed.
EHS Support tracked the progress of the transfer using a “permit tracking matrix” that identified the requirements and prioritized the licenses by the anticipated agency processing time and complexity of the transfer application. Updates were also provided in weekly calls with the client, the buyer, and the buyer’s consultants and respective attorneys.
As information was received from the client and the buyer, EHS Support prepared the license-transfer notification letters and application documents, obtained signatures from authorized persons for the client and the buyer, and submitted the signed documents to the regulatory agencies. EHS Support continuously followed up with each agency to verify the documents were processed and/or anticipated time frame for permit transfer approvals. Once received, we ensured all involved parties received copies of the transferred licenses.
Pesticide license transfers were completed for all of the client’s applicable US and Canadian locations without delay or concern. Our efforts ensured both our client and the buyer remained in compliance with restricted pesticide use regulations.