Antimicrobial Treated Article Coalition: The Treated Articles Exemption

Date: Sep 11, 1998

Title 40, Code of Federal Regulations, Section 152.25--Exemptions for pesticides of a character not requiring FIFRA regulation.

The pesticides or classes of pesticides listed in this section have been determined to be of a character not requiring regulation under FIFRA, and are therefore exempt from all provisions of FIFRA when intended for use, and used, only in the manner specified.

(a) Treated articles or substances. An article or substance treated with, or containing, a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use.

Section 152.25(a) of FIFRA means that articles treated with a pesticide to protect the article itself do not have to be registered with the Environmental Protection Agency, provided (1) the manufacturer makes no claim that the treated article imparts any pesticidal benefit to any other article or surface or person, and (2) the pesticide used to protect the article is registered for that purpose. If either of the above two provisions are not satisfied, the treated article must be registered as a pesticide.

The most recent interpretation of section 152.25(a) by EPA narrows the exception. According to EPA, any claim of an antimicrobial pesticidal benefit for a treated article automatically means that the article itself must be registered as a pesticide. The use of "antimicrobial," "antibacterial," or similar words is considered by EPA to be a public health claim, which requires registration.

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