EPA Control over Pesticide Devices

A “device” is defined as “any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling or mitigating any pest…. but not including equipment used for the application of a pesticide when sold separately there from.” FIFRA section (2)(h)/.

Under Section 3 of the Pesticide Regulations under the Federal Insecticide Fungicide and Rodenticide Act, as amended (FIFRA), the EPA regulates pesticides, which are registered and sold in interstate commerce to control various forms of vermin. Under these regulations Pesticide Devices are not required to be registered, but must have an approved label which meet the Section 3 Regulations, Part 162.10, and have a registered establishment in which they are produced. Under Section 7 of the FIFRA each owner of a pesticide device must produce to the EPA enforcement program a report of products produced each and every year and to whom they are sold in a standard report form.

There are many devices which many have heard about for various applications such as electrically generated ozonators. These devices may be found in use for or as:

• Treatment of drinking water
• Chlorinators which derive chlorine from the electrolysis of water for sale
• Copper/silver cathodes which by electrical activity cause release of silver and cupper ions into drinking water in hotels and hospitals
• Invisible noise mechanisms which mediate insects and rodents in small areas

In each case the devices mentioned above are unique and based upon the data which the device originator has in hand or can reference to EPA as a product which is efficacious and safe when used as directed.

Devices are subject to labeling and misbranding requirements under FIFRA section 2(p) and 2(q); registration and reporting requirements under FIFRA section 7; recording keeping requirements under FIFRA section 8; inspection requirements under FIFRA section 9; import and expert restrictions under FIFRA section 17; and child resistant packaging requirements imposed pursuant to FIFRA section 25 (c)(3).

Our device has an EPA establishment number and we report pursuant to Section 7 of the Act. Basically, using electric current 220 volt, our device produces hypochlorous ions on demand on site, which kills bacteria, mold, mildew, viruses and surface filling algae. The device uses sodium chloride (table salt) in a liquid format in water and an electric charge to generate chloring on demand. Chlorine does the killing of the life forms. When the electricity has been turned off our device produces no chlorine and retains no residual product. Our device meets all the Section 3 labeling requirements and we pay close attention to all the FIFRA requirements so as to be fully compliant. No product is produced from our device for storage or later use per regulations.