Guidance on FIFRA Treated Articles Exemption

While FIFRA generally requires pesticides to be registered, certain treated articles can qualify for an exemption under the Treated Articles Exemption. This exemption applies to products that are treated with or contain a registered pesticide for the purpose of protecting the article itself and not for broader pesticidal purposes.

1. Eligibility for the Treated Articles Exemption
   • The antimicrobial used to treat the article must be registered with the EPA for the intended use.
   • The treatment must be for the protection of the article itself (e.g., preventing microbial degradation of paint, wood preservatives for structural protection).
   • No public health claims can be made regarding the treated article’s effectiveness against bacteria, viruses, fungi, or other pests.

2. Examples of Exempted Articles
   • Antimicrobial-treated wood: Wood treated with a registered pesticide to resist rot or decay.
   • Mold-resistant paints: Paints formulated with a registered biocide to prevent microbial growth on the paint film.
   • Odor-resistant textiles: Textiles treated with an antimicrobial agent to protect the fabric from degradation or foul odors due to microbial activity.

3. Prohibited Claims Under the Treated Articles Exemption
   • Claims that imply the article provides health benefits, such as "prevents the spread of bacteria" or "reduces exposure to viruses."
   • Claims that the article kills or controls pests beyond the article itself (e.g., "disinfects surfaces").
   • Any claims suggesting that the article can substitute for a registered pesticide product used for public health purposes.

4. Consequences of Non-Compliance
   • Products making non-exempt claims may be classified as unregistered pesticides, subjecting them to FIFRA enforcement actions.
   • The EPA may issue fines, product recalls, or legal actions for companies violating treated article exemptions.

Understanding the scope and limitations of the FIFRA Articles of Exemption is critical for manufacturers and marketers of pesticidal technologies and treated goods. Companies should ensure that their products and claims align with regulatory requirements to avoid legal and financial risks.

FIFRA Minimum Risk Pesticide Exemption
FIFRA also provides an exemption for minimum risk pesticides under 40 CFR 152.25(f). This exemption allows specific low-risk pesticide products to be marketed without requiring EPA registration, provided they meet strict criteria.

1. Criteria for Minimum Risk Pesticide Exemption
   • Only EPA-designated active and inert ingredients listed in 40 CFR 152.25(f) can be used in the exempt pesticide.
   • The product label must list ingredients by common chemical names.
   • The pesticide must not make false or misleading public health claims.

2. Revisions to the Minimum Risk Exemption
   • In 2015, the EPA clarified ingredient lists and labeling requirements to improve consumer transparency.

3. Examples of Minimum Risk Pesticides
   • Essential oil-based insect repellents (e.g., peppermint or clove oil).
   • Certain food-based pesticides (e.g., garlic oil for insect control).

4. Limitations and Compliance
   • Products cannot make claims beyond FIFRA-exempt status.
   • Treated Articles using minimum risk exempted pesticides cannot make treated article claims.
   • Violations may result in regulatory enforcement.

For further guidance regarding FIFRA and the Treated Articles Exemption, contact the IAC for expert consultation and services.