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
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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
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