Pesticide device registration – USA
A pesticide device is an instrument or contrivance that is used to destroy, repel, trap or mitigate pests such as insects, weeds, rodents, birds, bacteria, viruses, and fungi that are not on living humans or animals. These products work by physical means and do not contain substances to perform their intended purpose. The U.S. Environmental Protection Agency (EPA) oversees the regulation of these devices.
Pesticidal devices include ultraviolet light units, ozone generators, sound generators, insect traps, ground vibrators, water treatment units, and air treatment units that make claims to kill, inactivate or suppress the growth of bacteria, viruses or fungi, reduce or eliminate microorganisms or allergens from the air or water, repel pests such as birds, underground animals and mice, and kill or entrap insects/pests.
Pesticide devices are regulated by the EPA but do not require registration. EPA regulates labeling, production, and import/export related to these products and will not allow false or misleading claims to be made about their effectiveness and reviews each individual product on a case-by-case basis to determine if it falls within the definition of a “device” in FIFRA section 2(h). Certain pesticide devices may also require registration in the states in which they are distributed.
TSG can help
We can assist with navigating all areas of federal and state regulations for pesticide devices including:
- Reviewing product labeling and literature to advise on device status
- Assistance with protocol development and data generation for claims validation
- Data analysis and results communication for marketing and business development needs
- Preparing and submitting state registrations
- Assisting in determination of device exemption qualification
- Obtaining Company Numbers and Establishment Numbers
- Preparing product labeling
- Conducting Compliance Audits including recordkeeping requirements
- Addressing annual reporting and renewals
TSG provides companies with high-quality regulatory and scientific consulting services. We aim to understand our clients' goals and objectives, learn the scientific and technical aspects of projects and anticipate compliance challenges to plan a strategic path forward. TSG's team of experts is deadline-focused, responsive and committed to professionalism. We have the utmost respect for the confidentiality of our work, strong project management skills, and take great measure to cultivate long-term partnerships with clients.
TSG's team of scientists and regulatory consultants manage all aspects of product compliance with our customers. Our Washington, DC-based Federal Affairs team is led by Abigail Wacek.
Frequently asked questions
Pesticide devices cannot make “false or misleading” claims and the labels must have instructions for where and how to use the product, as well as information on the establishment where the product was produced. TSG’s experts can guide you in all aspects of labeling requirements for pesticide devices to ensure your product labels are compliant.
EPA assigns a company number to all companies that intend to register and to produce or sell pesticides or devices in the US. An establishment number is assigned to companies that plan to produce the pesticides, active ingredients of a pesticide, or pest control devices. The company number must be acquired prior to getting an establishment number. TSG regularly assists clients in obtaining these numbers. EPA also requires that all foreign companies have U.S. Agents on file. TSG regularly acts as authorized agent for pesticide and device producing companies.
50 states mean potentially 50 different ways of doing business! Fees, data, and submission requirements, even submission of a sample, vary from state to state. TSG’s state registration specialists provide full product registration and maintenance services and can advise if your particular pest control device needs to be registered in which states.
EPA has recordkeeping requirements for producers, distributors, carrier, dealers, or any person who sells, delivers, or offers for delivery any device. Establishments must keep records of the product names and quantities of devices produced, and any tests conducted on human beings. Producers of products that require child resistant packaging must maintain a description of the package and records.