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ARTICLE · 18 SEPTEMBER 2020

FIFRA's Treated Articles Exemption: Should Your Antimicrobial Product Be Registered?

Products claiming to protect users against microbes, such as those that are currently being used to protect us from COVID-19, are flying off the shelves.

United StatesCoronavirus (COVID-19)

Products claiming to protect users against microbes, such as those that are currently being used to protect us from COVID-19, are flying off the shelves. Manufacturers of these products must comply with regulations governing the use of such pesticides. One of said regulations is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Under FIFRA, EPA regulates all pesticides distributed or sold in the United States. EPA defines a pesticide as a product that is intended for: (i) preventing, destroying, repelling or mitigating any pest; (ii) use as a plant regulator, defoliant, or desiccant; or (iii) use as a nitrogen stabilizer. FIFRA generally requires that pesticide products be registered (licensed) by EPA.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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