United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2201A) EPA 300-N-99-006 April 1999 C/EPA Enforcement Alert Office of Regulatory Enforcement About Enforcement Alert "Enforcement Alert" i_ published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should help the regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. See Page 2 for useful EPA Websites and additional resources. Eric V. Schaeffer Director, Office of Regulatory Enforcement Editor: Virginia Bueno (202)564-8684 bueno. virginia@epamail.epa.gov (Please email all address and name changes) Aquarium and Pond Chemicals May Require Federal Registration, Labeling as Pesticides Making Indirect Pesticidal Claims May Mislead Public Under the Federal Insecticide, Fun- gicide and Rodenticide Act (FIFRA), pesticide products must be registered with the Environmental Pro- tection Agency (EPA) and bear EPA- approved labeling before they can be lawfully sold or distributed in the United States. These requirements reduce risk of misuse and screen out products that may present an unreasonable risk to public health and the environment. Prod- ucts claiming to prevent, destroy, or repel pests, including bacteria and vi- ruses, are considered pesticides. In the past year, EPA has taken sev- eral enforcement actions involving the sale of unregistered pesticides used to control algae and bacteria in aquariums and garden ponds. Recent enforcement actions have included orders to stop the sale of certain products sold by Fish- Vet, Inc. and Aqua-Vet, Inc., Reisterstown, Md., and civil adminis- trative complaints issued to Energy Sav- ers Unlimited, Inc., Carson, Calif., and Zoo-med Laboratories, San Luis Obispo, Calif., proposing substantial monetary penalties. These manufacturers have the option of removing pesticidal claims for control of bacteria and algae from their product labeling and advertising or reg- istering their products as pesticides. Registration involves the submission of toxicity, chemistry and other data to ensure that the product when used as directed will not cause any unreasonable adverse effects. To assist pesticide manufacturers in complying with the law and to protect the public and environment from potential risks, the following questions and answers about pesticides and their registration are provided: What are pesticides and why are they regulated? Regardless of its toxicity or effective- ness, a pesticide is any chemical or bio- logical substance intended to control or kill living organisms (pests). For more than 50 years, pesticide products have been required to be registered with the federal government before they can be sold or distributed in the United States. Once a product is determined to be a pesticide, potential exposure to the product and its toxicity are key factors in EPA's determi- nation of whether the pesticide can be reg- istered and under what safeguards. Pesticides generally are toxic to pests and, if misused, may harm people and the environment. In addition to registration, the law requires that pesticide labels bear, among other things, ingredient statements so that users and others know exactly what is in a product (as in case of acci- dental contact or ingestion of the concen- trate), adequate precautions to advise people of potential hazards, and directions for use to ensure the safe handling, appli- cation, and disposal of the product. Some pesticides for use around the home are — continued on back This publication is found on the Internet athttp://www.epa.gov/oeca/ore/enfalert ------- c/EPA United States Environmental Protection Agency Office of Regulatory Enforcement 2201A Washington, D.C. 20460 Official Business Penalty for Private Use $300 Bulk Rate Postage and Fees Paid EPA Permit No. G-35 Recycled/Recyclable Printed with Soy/Canola Ink on paper that contains at least 50% recycled fiber also required to be in child-resistant packaging. What identifies a pond or aquarium product as a pesticide? Products that make claims for the prevention, removal, control, or elimi- nation of algae or bacteria are consid- ered pesticides. Indirect claims such as: "Eliminatesgreen water," "Produc- ing conditions that prevent algae or bacteria, " "Removes nutrients that pro- mote the growth of algae and bacte- ria, " or "Precipitates phosphate, a nutrient for algae, " also are consid- ered to be pesticidal claims. The fact that the product works indirectly by re- moving the pest's food source or habi- tat rather than through a more direct toxic action does not affect its status as a pesticide. EPA interprets the terms "scum" and "pond scum" to mean al- gae, and claims to reduce this organ- ism are also considered pesticidal Useful Resources Office of Pesticide Programs (registering a pesticide) : http://www.epa.gov/pesticides/ chemreg.htm Toxics and Pesticides Enforcement Division: http://www.epa.gov/oeca/ore/tped/ Small Business Gateway: http://www.epa.gov/smallbusiness claims. Regardless of claims, naming a known pesticide as an ingredient may also identify a product as a pesticide. When are pond or aquarium products not considered pesticides? Products that do not make direct or indirect claims for preventing, remov- ing, controlling or eliminating living or- ganisms such as bacteria or algae are not pesticides. As long as there are no other claims for bacteria or algae con- trol, the following types of claims would not identify a product as a pesticide: • "Combining suspendedparticulate matter for easier removal by a filtra- tion system." • "Reducing sludge or unpleasant odors." • "Cleaning ponds or aquariums. " Examples of claims that are not pes- ticidal in and of themselves include: • "Clarifies tank by precipitating or- ganic particles and reducing sludge." • "Reduces cloudy water by precipi- tating organic and inorganic particles. " Claims regarding the reduction of nutrients and organic matter would not identify a product as a pesticide unless the claim also states or implies that there will also be a reduction in pest popula- tions such as bacteria, algae, or weeds. Pesticide registration and its pre- market product and label clearance process form the foundation of the pes- ticide regulatory program. Compliance with this process is critical to protect- ing the public and environment from possible harm. The pesticide regulatory program is designed to prevent the sale and distribution of unregistered pesti- cides in the United States and to ensure, among other things, consumer aware- ness of the relative hazards of pesti- cides. As a result of the stringent pes- ticide registration and labeling require- ments, consumers can make an in- formed choice whether or not to use a pesticide and what pesticide is registered for use for their particular needs. Pes- ticide labels also provide important in- formation concerning product ingredi- ents, first aid measures in case of an accident, and safe disposal methods. Formore information, contact Mary E. McDonnell, Office of Regulatory En- forcement, Toxics & Pesticides Enforce- ment Division, (202) 564-4173. Applications for pesticide registration are available from EPA's Web site at http:// www.epa.gov/pesticides/registrationkit or by call- ing Clara Miller at (703) 305-6549. For infor- mation on chemicals used for aquarium and pond pests, contact Donald Stubbs at (703) 305-6287; antimicrobial product informa- tion, contact Yvette Hopkins at (703) 308-6214; microbial product information, contact Phil Hutton at (703) 308-8260; and biochemical product information, contact Roy Sjoblad at (703) 308-8269. iis publication is found on the Internet at http://www.epa.gov/oeca/ore/enfal ------- |