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Pesticides; Revisions to Minimum Risk Exemption

Basic Information

Legal Authority: 

  • 7 U.S.C. §136 et seq.

Federal Register Citation: 

  • 80 FR 80653

Code of Federal Regulations Citation

  • 40 CFR Part 158 Subpart 25(f)

Docket Number

Effective Date

  • 02/26/2016

Rule Summary

EPA is revising its regulations to more clearly describe the active and inert ingredients that are permitted in products eligible for the minimum risk pesticide exemption (40 CFR 152.25(f)). EPA is improving the clarity and transparency of the minimum risk exemption by codifying the inert ingredients list and by adding specific chemical identifiers, where available, for all eligible active and inert ingredients. These specific identifiers will make it easier for manufacturers, the public, and Federal, state, and tribal inspectors to determine the specific chemical substances that are permitted in minimum risk pesticide products. EPA is also modifying the labeling requirements in the exemption to require products to list ingredients on the label with a designated label display name and to provide the producer’s contact information on the product’s label. These changes will provide more consistent information for consumers and clearer regulations for producers, and will simplify compliance determination by states, tribes, and EPA.

Rule History

EPA published a notice of proposed rulemaking (NPRM) in the Federal Register of December 31, 2012 (77 FR 76979) (FRL-9339-1) proposing to revise the regulations in 40 CFR 152.25(f) that created an exemption from Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requirements for minimum risk pesticide products. The primary goal of the proposed revisions was to clarify the conditions of exemption for minimum risk pesticides by using Chemical Abstracts Service Registry Numbers to clearly specify the active and inert ingredients permitted in minimum risk pesticide products, specify how the ingredients should be presented on the label, and provide consumers with the producer’s contact information on the product’s label. EPA’s intent with the proposed revisions was to clarify the terms of the original exemption and to provide additional clarity and transparency concerning the ingredients that are currently used in exempted products. As described in the proposal, no ingredients were being added or removed from the lists. EPA is finalizing most of the regulatory text that was proposed in the NPRM, with changes based on the comments submitted to the Agency during the public comment period.

Additional Resources

View additional guidance on the conditions for minimum risk pesticides.

Compliance

The compliance date for the requirements to label ingredients with a label display name and to provide company contact information on the label is February 26, 2019.

You may be affected by this action if you manufacture, distribute, sell, or use minimum risk pesticide products. Minimum risk pesticide products are exempt from registration and other requirements under FIFRA, and are described in 40 CFR 152.25(f). Potentially affected entities may include:

  • Manufacturers of these products, which includes pesticide and other agricultural chemical manufacturers (NAICS codes 325320 and 325311), as well as other manufacturers in similar industries such as animal feed (NAICS code 311119), cosmetics (NAICS code 325620), and soap and detergents (NAICS code 325611).

  • Manufacturers who may also be distributors of these products, which includes farm supplies merchant wholesalers (NAICS code 424910), drug and druggists merchant wholesalers (NAICS code 424210), and motor vehicle supplies and new parts merchant wholesalers (NAICS code 423120).

  • Retailers of minimum risk pesticide products (some of which may also be manufacturers), which includes nursery, garden center, and farm supply stores (NAICS code 444220), outdoor power equipment stores (NAICS code 444210), and supermarkets (NAICS code 445110).

  • Users of minimum risk pesticide products, including the public in general, as well as exterminating and pest control services (NAICS code 561710), landscaping services (NAICS code 561730), sports and recreation institutions (NAICS code 611620), and child daycare services (NAICS code 624410). Many of these companies also manufacture minimum risk pesticide products.