PPB November 2020

What Is The Treated Articles Exemption? Do Your Products Qualify? The EPA defines “treated articles” as: An article or substance treated with or containing a(n) (antimicrobial) pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating or wood products treated to protect the wood against insects or fungus infestation), if the pesticide is registered for such use. To qualify for the “treated articles exemption,” both conditions—a) that the sole purpose of the treatment is to protect the article and b) that the incorporated pesticide is registered for the specific use in or on the article—must be satisfied. Failure tomeet either condition disqualifies the article or substance from the treated articles exemption. The disqualified product is then subject to regulation under FIFRA and requires registration as a pesticide. Antimicrobial pesticides are applied to treated articles during their manufacture. The treatment (or application) process may include adding the pesticide to the materials or ingredients used to produce the itemor in the surface coating applied to that item. The EPA grants treated articles exemptions for non-public health usages only. For practical purposes only antimicrobial treatments impacting the aesthetic properties or those properties related to mitigating spoilage of materials qualify for this exemption. Products that qualify for exemptionmust be marketed with a qualifying statement specific to the nature of the protection offered by the antimicrobial treatment. Approved claims for antimicrobial properties qualifying for the exemption have included mold andmildew resistance, odor resistance andmaterial preservatives. Some claims that have been approved by the EPA are listed in Figure 1. The exemption also requires qualifying statements addressing the protection provided by the application of the antimicrobial to the item to accompany the product or substance and to appear together with the claim. The following is an example of a qualifying statement: This product contains a preservative built in or applied in the coating to protect the product. Antimicrobial properties are built in to inhibit the growth of bacteria that may affect this product. The antimicrobial properties do not protect users or others against bacteria, viruses, germs or other disease organisms. Always clean and wash this product thoroughly before and after each use. Per FIFRA guidance, the claim—in this case, a preservative claim—and qualifying statement on the product packaging and in marketing materials must be given no greater prominence with regard to font, size or color than any other product features described. Making an implied or explicit public health claim such as “antibacterial,” “effective against the coronavirus COVID-19” or “improves air quality” disqualifies the product from exemption and requires the manufacturer to register the product as an antimicrobial pesticide. Likewise, using “antimicrobial” or “antibacterial” in the name of a product would disqualify the product from the exemption. Is The Antimicrobial Pesticide Registered For The Use Identified In Your Product? If you have checked all the boxes in qualifying your product for the treated product exemption, 40 CFR 152.25(a) requires manufacturers to be able to demonstrate that the antimicrobial pesticide in the treated article or substance is present solely as the result of incorporating an Links To Additional Resources • Registering antimicrobial pesticides www.epa.gov/pesticide-registration/ antimicrobial-pesticide-registration • The FTC’s role www.ftc.gov/about-ftc/what-we-do/enforcement-authority • Antimicrobial factsheet npic.orst.edu/factsheets/antimicrobials.html# :~:text=You%20may%20find%20 antimicrobial%20products,antimicrobial%20products%20as%20drugs%2Fantiseptics • EPA pesticide registration www.epa.gov/pesticide-registration/prn-2000-1-applicability-treated-articles- exemption-antimicrobial-pesticides • Treated article exemption www.epa.gov/safepestcontrol/consumer-products-treated-pesticides Products that qualify for exemptionmust bemarketed with a qualifying statement specific to the nature of the protection offered by the antimicrobial treatment. 66 | NOVEMBER 2020 | THINK