On January 11, 2011, U.S. EPA released a document entitled, “Determining if a Cleaning Product is a Pesticide Under FIFRA.” U.S. EPA provided examples of cleaning claims it considers to be non-pesticidal, including “cleans or removes stains from algae, mold, mildew or other non-public health organisms.” Products with such claims do not require registration with U.S. EPA.
Effectively immediately, DPR considers labeling claims to control, prevent, mitigate, clean and/or remove (or words meaning the same thing) “mold,” mildew,” “algae,” “fungus” or other organisms to be pesticidal claims. Products with such claims require registration with both U.S. EPA and DPR.
Product labeling claims to control or prevent, (or words meaning the same thing) “mold stains,” “mildew stains,” “algae stains,” “fungal stains” or stains from other organisms are also pesticidal. Products with such claims must be registered with both U.S. EPA and DPR prior to sale and use. The use of the word “control” implies growth which can only take place if the organism itself is present. Similarly, a stain can only be “prevented” by controlling the organism that causes the stain.
Click on the above link for a document outlining the new DPR policy.
