Re: Pesticide Regulatory Compliance

It is our understanding that;

  1. The Federal Insecticide, Fungicide and Rodenticide Act, commonly referred to as FIFRA, is the federal law that governs the use of pesticides.
  2. The administrative enforcement of the Act are over seen by the Environmental Protection Agency, the EPA.
  3. For the purpose of administration, the EPA has established two categories of pesticide. The first category is defined under Section 25(b) of the Act. Products that fall under this category are not to be registered. The EPA has published two lists. The first is a list of thirty-one (31) elements which it labels as “Active Ingredients.” The second list is of one hundred sixty (160) elements which it labels as “Inactive Ingredients.” Together these elements are commonly termed GRAS, Generally Regarded As Safe.
  4. To qualify for “exemption” from registration, the product’s active ingredient(s) must be composed only of an element or elements from the EPA’s list of 31 and its inactive or inactives must be composed only of an element or elements from the EPA’s list of 160. Any deviation, that is, if the product contains any element not listed as one of the 31 or that is found among the 160, then the product is not exempt and the product must be registered with the EPA. When registered, the product receives a “Registration Number.”
  5. Products that are not registered and that should not be registered as they are regulatorially exempt, received no registration number nor do they receive any form of acknowledgement rom the EPA of any kind. Whereas all manufacturers receive an “Establishment Number” EPA provides that this number shall not be included on the product’s label. EPA feels that reference to the product manufacturer’s “Establishment Number” could be construed to mean that the EPA was in some way passing judgment on the exempt product and it has not.