On Friday, February 24th, the U.S. EPA issued What You Need to Know About Producing, Distributing or Selling Pesticide Devices, a Compliance Advisory explaining how FIFRA regulations apply to pesticidal devices. EPA defines a pesticidal device as “an instrument or contrivance that is intended to destroy, repel, trap, or mitigate any pest, including but not limited to rodents, molds, viruses, and bacteria.”
While pesticidal devices do not require a Federal registration they are not free of Federal review. The recent EPA Compliance Advisory is a good resource to help avoid an enforcement measure. It reminds industry of the requirements which include:
- Production in an EPA establishment that reports their production annually by the March 1 deadline
- Maintaining records at those establishments
- Including the establishment number on the label, the device and the outermost level of labeling
- When products are imported into the US, a Notice of Arrival with a copy of the labeling is required
- Labels, accompanying labeling and advertisements must not include false and misleading claims
- State registration in the areas where applicable prior to distribution or sale in those states
In addition to the Compliance Advisory, EPA has updated it’s webpage on pesticidal devices to add more detailed guidance. SRC has reviewed this guidance and determined that these updates do not change any of the current requirements for device manufacturers, but are helpful informational tools to better understand how to comply.
Have questions or need support? SRC would be glad to help you navigate the regulations, or assist with a PRIA determination application!
Federal Assistant Manager – Regulatory