California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 1 - General Provisions › Section 6147 - Exempted Pesticide Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Manufacturers of, importers of, and dealers in the following pesticide products
					 or classes of pesticide products are exempt from the requirements of Division 7
					 of the Food and Agricultural Code, provided the pesticide products are exempt
					 pursuant to section
					 25(b)(2) of the
					 Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. sec.
					 136w(b)(2)] :
(1) Pheromones and identical or substantially
					 similar compounds labeled for use only in pheromone traps (or labeled for use
					 in a manner which the Director determines poses no greater risk of adverse
					 effects on the environment than use in pheromone traps), and pheromone traps in
					 which those compounds are the sole active ingredient(s), as specified in 40
					 Code of Federal Regulations 152.25(b).
(2) Preservatives for biological specimens,
					 including:
(A) Embalming fluids;
(B) Products used to preserve animal or
					 animal organ specimens, in mortuaries, laboratories, hospitals, museums and
					 institutions of learning; and
(C)
					 Products used to preserve the integrity of milk, urine, blood, or other body
					 fluids for laboratory analysis.
(3) Products consisting of foods that are
					 used to attract pests and which contain no active ingredient(s).
(4)
(A)
					 Natural cedar blocks, chips, shavings, balls, chests, drawer liners, paneling,
					 and needles that meet all of the following criteria:
1. The product consists totally of cedarwood
					 or natural cedar.
2. The product is
					 not treated, combined, or impregnated with any additional
					 substance(s).
3. The product bears
					 claims or directions for use solely to repel arthropods other than ticks or to
					 retard mildew, and no additional claims are made in sale or distribution. The
					 labeling must be limited to specific arthropods, or must exclude ticks if any
					 general term such as "arthropods," "insects," "bugs," or any other broad
					 inclusive term is used.
(B) The exemption does not apply to natural
					 cedar products claiming to repel ticks, including cedar oil or formulated
					 products containing cedar oil, other cedar extracts, or ground cedar
					 wood.
(5)
(A) Products containing the following active
					 ingredients alone or in combination with other substances listed in paragraph
					 (5)(A), provided that all the criteria specified in paragraphs (5)(C) and
					 (5)(D) are met:
Castor oil3
Cedarwood oil1
Cinnamon
Cinnamon oil1
Citric acid1
Citronella4
Citronella oil4
Cloves2
Clove oil1,2
Corn gluten meal
Corn oil
Cornmint
Cornmint oil1
Cottonseed oil
Dried blood
Eugenol1,2
Garlic
Garlic oil1
Geraniol2
Geranium oil2
Lauryl sulfate1
Lemongrass oil1
Linseed oil
Malic acid1
Peppermint2
Peppermint oil1,2
2-Phenylethyl
						propionate1
Potassium sorbate1
Putrescent whole egg solids
Rosemary2
Rosemary oil1,2
Sesame5
Sesame oil
Sodium chloride
Sodium lauryl
						sulfate1,2
Soybean oil
Spearmint
Spearmint oil1
Thyme2
Thyme oil1,2
White pepper1
Zinc6
1 Products containing 8.5% or more of this active
						ingredient in the formulated product must at a minimum bear the signal word
						"CAUTION," the phrase "Keep Out of Reach of Children," appropriate
						precautionary language, and a requirement for appropriate protective eyewear
						and gloves.
2 Products containing this active ingredient intended for
						topical application to human skin must at a minimum bear the signal word
						"CAUTION," the phrase "Keep Out of Reach of Children," a dermal sensitization
						precautionary statement, a prohibition against application to the hands of
						children, and use directions requiring adult supervision during application to
						children.
3 United States Pharmacopeia (U.S.P.) or
						equivalent
4 Non-topical uses only.
5 Includes ground sesame plant
6 Zinc metal strips (consisting solely of zinc metal and
						impurities)
(B) Topical use
					 products containing less than or equal to 1% of the following active
					 ingredients alone or in combination with each other provided:
(i) the product label carries as a minimum
					 the signal word "CAUTION," the phrase "Keep Out Of Reach of Children," a dermal
					 sensitization precautionary statement, a prohibition against application to the
					 hands of children, and use directions requiring adult supervision during
					 application to children, and
(ii)
					 all the criteria specified in paragraphs (5)(C) and (5)(D) are met:
Citronella
Citronella oil
(C) A pesticide product exempt under
					 paragraphs (5)(A) and (5)(B) of subsection (a) may include as inert ingredients
					 only those substances listed in the U.S. Environmental Protection Agency's
					 Inert Ingredients Permitted in Minimum Risk Pesticide Products (40 CFR
					 152.25(f)(2)(iv)) (December
					 28, 2015), hereby incorporated by reference, and commonly consumed food
					 commodities, animal feed items, and edible fats and oils (40 CFR
					 180.950(a)-(c)) (May 24,
					 2002), hereby incorporated by reference.
(D) In addition, all of the following
					 conditions must be met for products to be exempted under subsection (a)(5):
1. Each product containing the substance must
					 bear a label identifying the name and percentage (by weight) of each active
					 ingredient as listed in paragraph 5(A). Each product must also list all inert
					 ingredients by the label display name listed on U.S. EPA's Inert Ingredients
					 Permitted in Minimum Risk Pesticide Products (40 CFR
					 152.25(f)(2)(iv)).
2. The product must not bear claims either to
					 control or mitigate microorganisms that pose a threat to human health,
					 including but not limited to disease transmitting bacteria or viruses, or
					 claims to control insects or rodents carrying specific diseases, including, but
					 not limited to ticks that carry Lyme disease.
3. Company name and contact information.
i. The name of the producer or the company
					 for whom the product was produced must appear on the product label. If the
					 company whose name appears on the label in accordance with this paragraph is
					 not the producer, the company name must be qualified by appropriate wording
					 such as "Packed for [insert name]," "Distributed by [insert name], or "Sold by
					 [insert name]" to show that the name is not that of the producer.
ii. Contact information for the company
					 specified in accordance with paragraph 5(D)(3)(i) of this section must appear
					 on the product label including the street address plus ZIP code and the
					 telephone number of the location at which the company may be
					 reached.
4. The product
					 must not include any false and misleading labeling statements, including those
					 listed in 40 CFR
					 156.10(a)(5)(i) through
					 (viii).