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Determining If Insect Repellent Skin Patch Products Must Be Registered Under FIFRA
Certain skin patch products that claim to repel insects are required to be registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), while others are exempt. This fact sheet describes how to distinguish between these two categories.
- Skin patch products regulated as pesticides
- Regulatory exemptions that may apply to some skin patch products
- Additional information
Skin patch products that claim to repel or mitigate insects are pesticide products. Unless otherwise exempted from registration under 40 C.F.R. §§ 152.20, 152.25, or 152.30, pesticide products that are intended to prevent, destroy, repel or mitigate a pest must be registered under FIFRA.
An example of an insect repellent skin patch that would require registration under FIFRA is a skin-applied patch that is impregnated with vitamin B and sold or distributed with claims to repel insects. Such claims are pesticidal claims. Vitamin B is not on the minimum risk exempt active ingredient list; therefore, the sale or distribution of any such product requires that it be registered as a pesticide.
The fact that the vitamin B repellent chemical is expected to spread from the patch through the skin does not exempt the product from being a pesticide regulated under FIFRA. FIFRA Section 2(u) does not limit the definition of pesticide based on mode of action of the substance, or the mechanism of dissemination of an insect control pesticide.
A vitamin B patch would be considered to be a “biochemical pesticide” when used to repel insects because the active ingredient is naturally occurring and has a non-toxic mode of action. A patch containing only biochemical pesticides would be eligible for registration using a reduced set of data requirements, as described in 40 C.F.R. part 158 subpart U.
EPA has published a list of chemical substances deemed to pose minimal risk and that are, therefore, exempted from the requirement to register under FIFRA (see 40 C.F.R. § 152.25(f)). It is possible that producers may market certain of these exempt substances as having insect repellent properties.
As an example, we are aware of skin patches on the market that contain citronella (a pesticide exempt under § 152.25(f)) as an active ingredient. A patch that contains only active ingredients exempt under § 152.25(f) would be exempt from the requirement to register under FIFRA, provided that it meets the other requirements listed in § 152.25(f) (i.e., that the label list the name and percentage (by weight) of each active ingredient and the name of each inert ingredient, and that any inert ingredients in the product (including the patch material, plastic substrate, adhesive or coloring agents) be listed in the most current inerts List 4A.
Producers of unregistered skin-applied insect repellent patches should consider the preceding information when deciding whether their product must be registered under FIFRA. There can be serious consequences for sale and distribution of an unregistered pesticide. The Agency has the authority to take appropriate enforcement action where unregistered products make pesticidal claims. These include, but are not limited to:
- issuing notices of warning;
- stop sale, use, or removal orders (SSURO); and,
- civil and criminal penalties.
If you have questions regarding whether your products are subject to registration, we encourage you to seek further information from one of the following:
- Contacting EPA about Regulating Pesticides - Product Registration
- Pesticide Registration Manual - a resource for companies and individuals who want to have their pesticide products registered for sale in the United States.