Regulating the Use of Minimum Risk Pesticides
The Environmental Protection Agency (EPA) has issued guidance for the manufacturing, selling, or distributing of minimum risk pesticides under 40 CFR 152.25(f). This guidance is intended for persons interested in minimum risk pesticides and serves as a useful resource for understanding the regulations surrounding these products.
First and foremost, it is essential to note that this guidance is not exhaustive and does not cover all aspects of minimum risk pesticide regulation. It is subject to change or revision as needed, and it is always advisable to seek professional advice from regulatory experts or legal counsel for the most up-to-date information.
Minimum risk pesticide products are subject to both state and federal pesticide laws, just like other pesticide products. States have the authority to enforce their own pesticide laws, and they may take enforcement actions against non-compliant minimum risk pesticide products. Similarly, the EPA has the authority to take enforcement action on unregistered products making pesticidal claims.
Compliance with all relevant statutory and regulatory requirements and guidance is essential to avoid penalties and ensure the safety of minimum risk pesticide products. If a product does not meet all the requirements for the minimum risk exemption, it must be registered unless eligible for some other exemption. It is the responsibility of the knowledgeable persons or entities involved, such as the seller, distributor, or the person applying the pesticide, to ensure that the minimum risk pesticide they are handling meets all exemption requirements.
Examples of EPA's enforcement actions include issuing notices of warning, stop sale, use, or removal orders, and assessing civil and/or criminal penalties. The Federal Trade Commission can be referred to for possible additional enforcement action on product claims that have been determined to be misleading.
States routinely monitor the marketplace for compliance of pesticide products with both state and federal pesticide laws. Sale and distribution of an unregistered pesticide can result in serious consequences, and compliance with pesticide laws is essential to avoid penalties and ensure the safety of pesticide products.
It is important to remember that this guidance does not create any binding requirements. Instead, it refers to existing statutory and regulatory requirements and guidance. The guidance provided is not a substitute for professional advice from regulatory experts or legal counsel.
In conclusion, the guidance for manufacturing, selling, or distributing minimum risk pesticides under 40 CFR 152.25(f) serves as a valuable resource for understanding the regulations surrounding these products. Compliance with all relevant statutory and regulatory requirements and guidance is essential to avoid penalties and ensure the safety of minimum risk pesticide products. States have the authority to take enforcement actions under their state regulations, and the EPA has the authority to take enforcement action on unregistered products making pesticidal claims. It is always advisable to seek professional advice from regulatory experts or legal counsel for the most up-to-date information on minimum risk pesticide regulation.
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