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On February 14, 2023, EPA released a compliance advisory regarding pesticide devices regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”).  EPA released the advisory in response to “substantial non-compliance with FIFRA in the device and pesticide marketplace. Examples of non-compliance include unregistered pesticides claiming to be devices, devices bearing false and misleading statements, and devices being sold and distributed that were not produced in an EPA registered establishment.”  While the compliance advisory provides a helpful overview of requirements applicable to pesticide devices, it does not provide new substantive guidance, including on key questions facing many device manufacturers and distributors.  The advisory also suggests that EPA may increase its enforcement efforts in this area, so companies producing devices (or products that may arguably be devices) should consider taking proactive steps to ensure their product lines comply with FIFRA’s requirements.…

Continue Reading EPA Releases New Guidance on Pesticide Devices

The easing of the coronavirus pandemic in the United States, with 67.7% of adults having at least one vaccine shot, provides the Biden Administration’s EPA with a unique opportunity to take stock of its pandemic response and consider any potential policy improvements that could be made.  This post focuses on two particular issues: (1)…

For the first time ever, EPA has approved a pesticide making residual antiviral claims under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  The approval may be a significant boon in the fight against COVID-19, but it also raises several key questions about EPA’s broader approach to combatting the novel coronavirus.
Continue Reading EPA Issues Emergency Approval for First-Ever Residual Antiviral Product

Despite its deregulatory efforts in other areas, the Trump administration continues to enforce pesticide laws rigorously as part of its stated goal of returning EPA to its “core mission.”  EPA regulates pesticides pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq.  “Pesticides” are broadly defined to include any substance intended for destroying, mitigating, or repelling any pest, which include not only insects and rodents but also bacteria and other microorganisms.  7 U.S.C. § 136(t)-(u).  Thus, pesticides that must be registered under FIFRA can include a wide range of products not colloquially thought of as pesticides, such as alcohol wipes used for sanitizing surfaces. …
Continue Reading Trump EPA Expands Rigorous Enforcement of Pesticide Law as Part of “Return to Core Mission”