EPA Double Speak on the issue of Alternatives to Registered Pesticides
From: Reilly.Sheryl@epamail.epa.gov
To: Johnnie Sutton
Subject: Registration Requirements for Alternatives to Pesticides
Date: Tue, 18 Sep 2001 10:33:00 -0400
Dear Ms. Sutton:
Title 40 of the Code of Federal Regulations (CFR) 40 § 152.3(s) defines the term "pesticide" as "any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant growth regulator, defoliant, or dessicant, ... ." One of the key words in this definition that applies in your situation is "intended." Title 40 of the Code of Federal Regulations, section
152.15(a)(1) states that a substance is considered to be intended for a pesticidal purpose, and thus to be a pesticide requiring registration if the person who distributes or sells the substance claims, states, or implies (by labeling or otherwise) that the substance can or should be used as a pesticide. Furthermore, under FIFRA, "labeling" includes "all labels
and all other written, printed, or graphic matter ... accompanying the pesticide ... at any time." (FIFRA section 2(p)(2).)
There are a few, very limited, situations in which pesticides, which are considered "minimum risk," can be sold without EPA registration (see 40 CFR 152.25(g) and PR Notice 2000-6 (available at www.epa.gov/pesticides/biopesticides. Please note: these products still require registrations by the states you wish to sell them in; you have to check with each state regarding their requirements for those products). Therefore, unless your product meets the criteria for exemption, if you are considering selling any product intended as an alternative to a pesticide, you must register the product if it is intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant growth regulator, defoliant, or dessicant, ...."
Sincerely,
Sheryl K. Reilly, Ph.D.
Chief, Biochemical Pesticides Branch
Biopesticides and Pollution
Prevention Division (7511C)
Enclosure
cc: Amy Miller, U.S. Environmental Protection Agency, Region 9
Robert A. Boesch, State of Hawaii Department of Agriculture
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