The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) require that all pesticides, with very limited exceptions, be registered with the U.S. Environmental Protection Agency (EPA) before they can legally be sold or used in the United States. However, in 1996, the EPA Administrator exercised her authority to exempt certain pesticides (considered to pose ‘minimum risk’ to humans and the environment) from this requirement. In an effort to reduce costs and regulatory burdens on businesses, the EPA exempted a list of so-called 25(b) products as part of an effort to help the Agency focus its limited resources on higher risk pesticides.
Products identified as exempt under Section 25(b) do not require EPA label approval and do not undergo review by Agency They also are not required to have an EPA registration or establishment number, signal word, or personal protective equipment (PPE) statements. Pesticide Registration Notice 2000-6 states, “EPA does not review, or issue notices of exemption for products which meet the conditions for exemption.”
Section 25(b) pesticides are required to have a tolerance established if they are intended for use in or on foods, food crops, food contact surfaces, or animal feeds, unless they are exempt from a tolerance under other regulations.
The 25(b) exemption is not without its critics. Regulators and Extension educators are frequently uncomfortable with the lack of safety testing and the confusion caused by 25(b) exemptions. Because states are not required to automatically exempt 25(b) products, the situation varies from state to state. Texas, for example, exempts 25(b) products from registration. However, Oklahoma does not recognize 25(b) exemptions and requires that these products be registered yearly like all other pesticides.
One of the biggest headaches for regulators occurs when sales representatives claim that their 25(b) products are ‘safe’ and legal for anyone to use, including school employees. Safety issues aside, not all states allow 25(b) pesticides to be used by non-licensed applicators in schools.
The application of 25(b) products are a non-issue in New Mexico and Oklahoma; however, because anyone can apply non-restricted use products. Texas, for example, requires ALL pesticide applications, including 25(b) applications, be performed by a licensed applicator.
As with all pesticides the Southwest Technical Resource Center recommends you use caution, understand all the risks involved and ALWAYS read the label. Exempt 25(b) products can be a great solution to a pest problem, when the problem is minimal and isolated.
To obtain a full list of active and inactive ingredients, follow the link to the EPA web site for a full article about 25(b) products. www.epa.gov/opppmsd1/PR_Notices/pr2000-6.pdf
We have received several calls about EcoExempt products. These products are generally classified as Green List for Texas, and still must be applied by a certified applicator. To learn more about their products you can obtain information at www.ecopco.com.