Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities

Summary

What is a Pesticide Device?

Pesticides are commonly thought of as chemicals. But we also have a role in regulating devices used to control pests. How a device might be regulated, however, depends on the device's specific design and function and whether it is used with a pesticide. A pesticide device is:

• An instrument or contrivance (other than a firearm) that is used to destroy, repel, trap or mitigate (lessen the severity of) any pest such as insects, weeds, rodents, certain other animals, birds, mold/mildew, bacteria and viruses.

Note: Medical instruments or machines used to kill pests in or on living humans or animals are regulated by the Food and Drug Administration.

The Differences between Pesticide Devices and Pesticide Products and How They Are Regulated

Key differences between pest control devices, pesticide products and certain combinations can be summarized as follows:

• Pesticide Product - contains a substance or mixture of substances that is intended to destroy, repel, prevent or mitigate (lessen the severity of) a pest. This includes substances that attract pests to lessen their impact, for example by attracting pests to a trap.
  • How Regulated: Must be registered unless it qualifies for an exemption.
• Pesticide Device - works by physical means (such as electricity, light or mechanics) and does not contain a substance or mixture of substances to perform its intended pesticidal purpose.
  • How Regulated: We do not require registration for these. However, these devices are regulated in that “false or misleading claims” cannot be made about the effectiveness or safety of devices. If a manufacturer is making claims about a device, they should have scientific data to support the claims. Regulated devices must also obtain an EPA establishment number.
  • Some devices are not regulated. For example, any device that depends more upon the performance of the user than the performance of the device itself to be effective (such as a fly swatter) is not regulated. Also, traps for vertebrate animals are not regulated.

Examples of Regulated Pesticide Devices

These devices do not require EPA registration as long as they do not contain or produce any pesticide product. However, they are regulated to the extent "false or misleading claims are made about their effectiveness of devices. If a manufacturer is making claims about a device, they should have scientific data to support the claims.