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# Consumer Products Treated with Pesticides

##### Resources 

      - Questions On Pesticides?   National Pesticide Information Center (NPIC)   1-800-858-7378        

**Curent as of** August 2003        EPA 735-F-03-006

**On This Page:**
    - Background  EnforcementFor More Information
Background
The presence of microorganisms (bacteria, fungi, and viruses) in or           on various items has become of increased concern to consumers. In response           to these concerns, many products (e.g., cutting boards, kitchen sponges,           cat litter, toothbrushes, and juvenile toys) are being treated with           antimicrobial pesticides. Antimicrobial pesticides are substances or           mixtures of substances used to destroy or limit the growth of microorganisms,           whether bacteria, viruses, or fungi -- many of which are harmful-on           inanimate objects and surfaces.
Tips to Control Microganisms
These are some common sense steps that consumers can take to reduce the spread of microorganisms. For example:
- Wash hands frequently and thoroughly, especially if you think you               have been in contact with harmful microorganisms
- Wash surfaces that contact food (e.g., utensils, cutting boards,               counter tops) with a detergent and warm water
- Wash children's hands and toys regularly

Treated articles typically refers to articles or products that are           treated with an antimicrobial pesticide to protect the articles or products           themselves. The pesticides are usually added to the products (e.g.,           plastic shower curtain) during manufacture; however, they may be added           after manufacture but before use of the article (e.g., incorporation           of a pesticide in paint). 
These treated products often make implied or explicit public health           pesticidal claims to protect the public against harmful microorganisms.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires           the registration of any substance intended to prevent, destroy, repel,           or mitigate pests. However, the Code of Federal Regulations prescribes           the conditions under which an exemption from registration is allowed           for treated articles or substances. It allows an exemption for:

An article or a substance treated with or containing a 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.    

EPA grants the treated articles exemption for a non-public-health use           of a pesticide that is intended to protect only the treated article           or substance itself. Consumers may distinguish such products by the           absence of the EPA's pesticide registration number (found on the product           label) of the registered pesticide used for protecting the article itself.           It should be noted here that the EPA registration number would also           be absent from an illegal product that should be registered. Products           that qualify for this exemption must display appropriate clarifying           statements. For example:
Claims for treated articles or substances are limited to the following             statement, "This product contains a preservative (e.g., fungicide             or insecticide) built-in or applied as a coating only to protect the             product. An example of an acceptable label statement would be: 
- 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.
Treated kitchen accessories or other food contact articles such             as a cutting board, high chair, or conveyor belt that may come in             contact with food should carry an appropriately qualifying statement,             such as:             
This product does not protect users or others against food-born                 bacteria. Always clean and wash this product thoroughly before                 and after each use.

- Treated products such as bed pans and potty seats that involve potential             human contact with bodily fluids or excrement (e.g., blood, vomit,             saliva, urine, or feces) should carry an appropriate qualifying statement,             such as:
This product does not protect users against bacteria, viruses               or other disease organisms. Always clean and wash this product thoroughly               before and after each use.

- In addition, it should be noted that:
The treated articles exemption is available only for the protection               of the product and not for public health uses.
The preservative claim and qualifying statement on the product               packaging (type, size color) must be given no greater prominence               than other described product features

Articles or products that claim to be effective in controlling microorganisms           such as E.coli, S.aureus, Salmonella sp. or Streptococcus sp. must be           registered as a pesticide. These articles or products make a public           health claim that goes beyond the preservation of the treated article           itself. EPA requires the submission of chemical data in support of the           public health labeling claims and patterns of use of the product. If           EPA determines that such a product is exempt from registration as a           pesticide, the product may claim only that it contains a pesticidal           preservative to protect the product itself. These pesticides are known           as materials preservatives. In these cases, the pesticide is registered           for the intended use, and the sole purpose of treatment is to protect           the product itself. These pesticides are widely used in the manufacture           of textiles, plastics, paper, adhesives, and coatings.
Any pesticide-treated product that is not registered by EPA must not           make public health claims, such as "fights germs, provides antibacterial           protection, or controls fungus." EPA's policy is predicated on the fact           that no scientific evidence exists that these products prevent the spread           of germs and harmful microorganisms in humans. 
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Enforcement
FIFRA does not allow companies to make public health pesticidal claims           for any product distributed or sold unless the product has been approved           and registered by EPA or is covered by an exemption from registration.           EPA is concerned about these claims because, in addition to being unlawful,           they are also potentially harmful to the public (e.g., if people believe           that a product has a self-sanitizing quality, they may become lax in           their hygiene practices). Practicing standard hygiene practices has           been proven to prevent the transmission of harmful microorganisms and,           therefore, reduce the possibility of public health risk. 
In response to the marketing of unregistered pesticide-treated products           with illegal, unsubstantiated public health claims, EPA has acted quickly           and decisively to prohibit sales of such products. It will continue           to be the Agency's policy to take action against companies that make           such illegal claims.
For More Information
To view or obtain an electronic copy of the guidance document (PR 2000-1),           we invite you to visit EPA's Web site at http://www.epa.gov/opppmsd1/PR_Notices ,           or call the Antimicrobials National Hotline at (703) 308-0127.
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