EPA To Regulate Ion Generators as Pesticides

EPA announced today that machines that generate silver ions or other substances for pesticidal purposes will be regulated as pesticides.

Under the Federal Insecticide, Fungicide and Rodenticide Act, a product that incorporates a substance or mixture of substances to prevent, destroy, repel, or mitigate pests is considered a pesticide and must be registered. However, a product that uses only physical or mechanical means to trap, destroy, repel, or mitigate a pest (including microbial pests), such as a mousetrap, is a device and does not need to be registered. Its production and labeling are regulated.

The notice published today in the Federal Register is the vehicle to notify manufacturers about the new determination. EPA will identify the information needed for an application for registration and give those products currently out of compliance time to obtain registration.

The notice is not an action to regulate nanotechnology. EPA has not yet received any information that suggests that this product uses nanotechnology. EPA will evaluate any applications to register this type of equipment according to the same regulatory standards as other pesticides.