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
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