Are Your Adjuvant Products in Compliance? | Scientific & Regulatory Consultants Inc.

Recently the Washington State Department of Agriculture (WSDA) announced that in 2024, the state’s regulators will conduct a review of approved adjuvant labels and require registrants to update their product labels to meet the current labeling requirements in the state. Additionally, last year, the Maine Board of Pesticides Control and Maryland Department of Agriculture changed their pesticide registration laws to require the registration of pesticide adjuvants. This adds them to the list of now eleven U.S. states requiring pesticide registration for adjuvants.

Due to changing trends in adjuvant registration requirements, SRC State Consultants, Chelsey Sandlin and Michelle Warrix, have provided a brief analysis of adjuvant compliance requirements and the more recent regulation changes.

What is an Adjuvant Product?

Adjuvants are commonly added to pesticide products to help improve efficacy and the user experience. Some examples of adjuvants include:

Surfactants
Wetting Agents
Emulsifiers
Anti-foam and buffering agents
Neutralizers
Water absorbents and softeners
pH modifiers
Soil conditioners
Adhesives

Adjuvants used in pesticide products are not generally required to be registered with the EPA but are regulated under FIFRA. Thus, EPA may review any adjuvant mixed into or intended for use in a pesticide product. Though not required by the U.S. EPA, the following states require registration of certain adjuvants sold or transported in the state based on their intended use and action within the product.

Arkansas
California
Idaho
Kentucky
Maryland
Maine
Mississippi
Tennessee
Utah
Washington
Wyoming

Washington Adjuvant Registration Update

Though the Washington State Department of Agriculture (WSDA) has historically required registration of adjuvants used in pesticides, the state has notified registrants that it will be reviewing these product labels in 2024. State regulators believe that there are labels approved for use and sale in the state that are not in compliance with current label requirements. The intent of this review is to identify out of compliance adjuvant labels and request that registrants update them voluntarily to meet current guidelines, following WSDA’s approved naming conventions for these products.

SRC continues to monitor this effort by the WSDA and will update clients as we start to see label update requests.

Adjuvant Registration Requirements in Maine

The Maine Legislature updated its pesticide law to include “spray adjuvants” under the definition of pesticides in 2022 with the passing of LD 2019. Title 7 Section 604 of the Maine Revised Statutes now defines spray adjuvants as “an ingredient added to a pesticide spray mixture to enhance the effectiveness of pesticide product ingredients or modify the actions of those pesticide product ingredients.”

Adjuvant Registration Requirements in Maryland

The Maryland Department of Agriculture also now requires spray adjuvants to be registered, as noted in a 2022 update to the state’s Pesticide Registration Manual. Maryland’s Pesticide Registration Manual defines “Spray Adjuvants” as products that are intended to be used with other pesticides to aid the application or enhance the effect of that pesticide (e.g., wetting agents, pH modifiers, stickers, spreaders, etc.).

Though Maine and Maryland laws specifically state “spray adjuvants” must be registered, in practice these states require ALL pesticide product adjuvants to be registered, in addition to, adjuvants added to spray products. Contact your SRC consultant for assistance navigating this discussion with applicable state regulators.

As noted regarding Maine and Maryland regulations, the eleven states have slightly differing definitions of what constitutes an adjuvant requiring registration. SRC recommends reviewing your adjuvants to verify they are properly registered in these states and are compliant with each state’s labeling requirements.

Please reach out to your SRC State Registration Specialist or contact us via our website if you have any questions or need assistance registering adjuvant products.