Question 1

What is FIFRA?

Accepted Answer

FIFRA is the Federal Insecticide, Fungicide, and Rodenticide Act — the federal law that governs the registration, labeling, distribution, and use of pesticides in the United States. Under FIFRA, nearly all pesticides sold in the U.S. must be registered with EPA, properly labeled, and manufactured in compliance with federal requirements.

Question 2

When is EPA registration required for a pesticide?

Accepted Answer

EPA registration is required before distributing or selling any pesticide product in the United States, unless the product qualifies for a specific exemption such as 25(b) minimum-risk products. Registration involves submitting efficacy and safety data, obtaining an EPA registration number, and securing approval of product labeling.

Question 3

What is the difference between a pesticide and a pesticide device?

Accepted Answer

A pesticide is a chemical or biological substance intended to control pests. A pesticide device is a product that controls pests through mechanical or physical means — like glue traps, UV light traps, electronic repellers, or mechanical rodent traps. Pesticides require EPA registration; devices do not. However, both are subject to FIFRA's labeling and misbranding provisions.

Question 4

What are 25(b) exempt pesticides?

Accepted Answer

Products that meet the criteria of 40 CFR § 152.25(f) — commonly called 25(b) exempt or minimum-risk pesticides — are exempt from EPA registration. To qualify, products must contain only EPA-approved active and inert ingredients, target only specified pests, meet specific labeling requirements, and make no claims beyond those permitted by the exemption.

Question 5

Can I sell a pesticide while registration is pending?

Accepted Answer

No. It is a violation of FIFRA to distribute or sell a pesticide product before EPA issues a registration number and approves the product label. Pre-sale activity can result in enforcement actions, product seizures, and civil penalties.

Question 6

What happens if a pesticide is out of compliance?

Accepted Answer

Violations of FIFRA can result in a range of enforcement actions. EPA may issue warning letters, administrative compliance orders, stop-sale orders, product seizures, civil penalties up to $25,000 or more per violation per day, or criminal prosecution for knowing violations.

Question 7

Do pesticide devices require EPA registration?

Accepted Answer

No. Pesticide devices do not require EPA registration. However, device manufacturers must ensure their labeling is truthful and not misleading, and all efficacy claims must be substantiated by adequate scientific evidence.

Question 8

Can marketing claims differ from the EPA-approved label?

Accepted Answer

No. All marketing materials, advertising, websites, and promotional content are considered labeling under FIFRA. Any pest control claims made anywhere — including Amazon listings, social media, or print advertisements — must be consistent with the EPA-approved label.

Pesticide Compliance FAQs

General FIFRA & EPA Questions

Registration & Approval

Labeling & Claims

Pesticide Devices

Distribution, Import & Sales

Compliance & Enforcement

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Pesticide Compliance FAQs

General FIFRA & EPA Questions

What is FIFRA?

Who regulates pesticides in the United States?

What products are considered pesticides under EPA regulations?

What is the difference between a pesticide and a pesticide device?

Registration & Approval

When is EPA registration required for a pesticide?

Are pesticide devices required to be registered with the EPA?

How long does EPA registration take?

Can I sell a pesticide while registration is pending?

What are 25(b) exempt pesticides, and do they require registration?

Do I need state registration in addition to EPA registration?

What is an EPA establishment number?

Labeling & Claims

What information must appear on a pesticide label?

Can marketing claims differ from the EPA-approved label?

What is considered misbranding under FIFRA?

Do online product listings need to match the approved label?

Can I make 'kills 99.9% of germs' claims without EPA registration?

What is the difference between labeling and advertising under FIFRA?

Can I translate my EPA-approved label into other languages?

Pesticide Devices

What qualifies as a pesticide device under FIFRA?

Are pesticide devices regulated differently than pesticides?

Do devices require EPA approval or reporting?

Can pesticide device labels say 'EPA approved' or show an EPA logo?

Do ultrasonic pest repellers require EPA registration?

Distribution, Import & Sales

Who is responsible for compliance—the manufacturer or seller?

What are the requirements for importing pesticides into the U.S.?

Are online marketplaces responsible for pesticide compliance?

What is a private-label pesticide, and who is responsible for compliance?

Can I sell pesticides on Amazon or other online marketplaces?

What is a supplemental distributor, and do I need to be one?

Compliance & Enforcement

What happens if a pesticide is out of compliance?

What are EPA enforcement actions and penalties?

How can businesses prepare for EPA inspections?

What records must pesticide companies maintain?

How often must I renew my EPA pesticide registration?

What is a Stop Sale, Use, or Removal Order?