This notice clarifies EPA policy with respect to the scope of the "treated articles exemption" in 40 CFR 152.25(a). This exemption covers qualifying treated articles and substances bearing claims to protect the article or substance itself. EPA does not regard this exemption as including articles or substances bearing implied or explicit public health claims against human pathogens.
This notice addresses the types of claims that are not permitted for antimicrobial pesticide products exempt from registration under this provision and gathers together in one place guidance the Agency has offered on labeling statements it believes would or would not be covered under this provision. This notice also explains the requirement that the pesticide in a treated article be "registered for such use."
This notice provides guidance to producers and distributors of pesticide treated articles and substances, and to producers and distributors of pesticides used as preservatives to protect treated articles from microbial deterioration.
A Fact Sheet for consumers on treated articles is also available.
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