EPA 730-N-00-007
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES
12/20/2000
PESTICIDE REGISTRATION (PR) NOTICE 2000-10
NOTICE TO MANUFACTURERS, PRODUCERS,
FORMULATORS AND REGISTRANTS OF PESTICIDES
ATTENTION: Persons Responsible for Registration and Reregistration of Pesticide
Products
SUBJECT: Changes to "Effective Date and Procedures" for PR Notice 2000-1
("Applicability of the Treated Articles Exemption to Antimicrobial
Pesticides")
On March 6,2000, the Agency issued PR Notice 2000-1 concerning the applicability of
the "treated articles exemption" in 40 CFR 152.25(a) to antimicrobial pesticide products. The
Latent of that notice was to clarify current Agency policy with respect to the scope of the treated
articles exemption. Specifically, the notice addressed the types of claims which are or are not
permitted on treated articles, and explained the requirement that the pesticide in a treated article
be.."registered for such use."
Section VI. of PR Notice 2000-1, entitled "Effective Date and Procedures," encouraged
producers, distributors, and other persons selling or distributing pesticide-treated articles and
substances to bring their products into compliance with 40 CFR 152.25(a). That section also
indicated that the Agency would begin to rely on the guidance provided in that notice on
February 11, 2001, and that products in commerce after that date which make statements or
claims that do not reflect the clarifications offered in that notice, would risk being considered out
of compliance with 40 CFR 152.25(a).
The Agency has since learned that certain segments of the industry which produce treated
articles will not be able to meet the February 11,2001 date, both in production of treated articles
and in their sale and distribution in commerce. Further, the Agency is concerned that some
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distributors of treated articles may not be aware that their products are subject to PR Notice
2000-1 due to the fact that the notice was sent primarily to registrants and not generally to the
distributors of treated articles. Finally, the Agency is concerned that the current date of February
11,2001 and the inclusion of all treated articles in commerce could have an unintended adverse
economic impact on affected companies.
For these reasons, the Agency is extending the effective date of when it will begin to rely
upon PR Notice 2000-1 from February 11,2001 to April 30.20Q1. In addition, the Agency is
changing the guidance hi that notice such that treated articles produced on or before April 30,
2001 may continue to be sold or distributed by anyone through commerce without being
subject to the clarifying guidance in PR Notice 2000-1. Thus, only treated articles produced
after April 30,2001, which make statements or claims that do not reflect the clarifications
offered in that notice, would risk being out of compliance with 40 CFR 152.25(a). Producers of
treated articles produced on or before April 30,2001 would need to be able to provide adequate
documentation of the production date of such articles found in commerce. All other elements of
PR Notice 2000-1, as well as the current enforcement approach, will remain as stated or
referenced in that notice.
If you have questions or need further information about this notice, you may contact Jeff
Kempter, Senior Advisor, Antimicrobials Division, at 703-305-5448, or by e-mail at
Kempter.Carlton@epa.gov.
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Marcia E. Mulkey;
Director, Office of Pesticide Programs
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