Registering a 25(b) or Device

What is a Section 25(b) minimum risk pesticide?

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 25(b) exempts certain pesticide products from registration with the U.S. Environmental Protection Agency (U.S. EPA). Title 40, Code of Federal Regulations (40 CFR), section 152.25(f) calls these products “minimum risk pesticides”. The U.S. EPA has determined that these products pose little to no risk to human health or the environment. In order for a product to be classified as a 25(b) product there are 6 conditions, listed in 40 CFR 152.25(f), that a product must meet to qualify.

25(b) Conditions:

  • Condition 1 – Active Ingredients
    • The product’s active ingredients must only be those listed in 40 CFR 152.25(f)(1).
  • Condition 2 – Inert Ingredients
    • The product’s inert ingredients must only be those listed in 40 CFR 152.25(f)(2) and 40 CFR 180.950(a), (b), (c), and (e).
  • Condition 3 – Ingredients Listed on Label
    • All ingredients in a 25(b) product must be listed on the label.
  • Condition 4 – Health-Related Claims
    • The label cannot state or imply that the product can or will control or reduce organisms that pose a threat to human health, or insects or rodents carrying specific diseases.
  • Condition 5 – Company Name & Contact Information
    • The name of the producer or the company for whom the product was produced and the company’s contact information must be displayed prominently on the product label.
  • Condition 6 – Label Statements
    • The label cannot include any false or misleading statements, as described in 40 CFR 156.10(a)(5)(i) through (viii).

While these products are exempt from registration with U.S. EPA, the New Mexico Pest Control Act (NMPCA) requires registration of all pesticides if they are distributed in the state of New Mexico.

How do I apply?

Required Items:

  • A completed Application to Register 25(b) form.
  • A complete copy of the labeling accompanying the pesticide in pdf format. The labeling must include directions, precautions of use, and all claims.
  • A full description of the tests and results upon which the claims are based (efficacy data). Efficacy data must:
    • Support all label claims for the device.
    • Be from independently collected double-blind, replicated studies. Note: Testimonials, in-house studies, and similar material are not acceptable.
    • Include comparisons to current industry products.
    • Describe the experimental design; material and methods; results, using standard scientific statistical procedures; and interpretation of those results.
    • Names and addresses of researchers conducting the evaluation(s).
  • A complete description of the contents of the pesticide, including all active and inert ingredients.

Registration will be granted if it appears that the efficacy data warrant the proposed claims and if the pesticide, its labeling, and other material submitted comply with the requirements of the NMPCA. Once the product is accepted by NMDA a request will be sent to the registrant requesting payment of the registration fee of $100.00 per product. Please do not send a check with your application, this could result in a delay processing your application.


What is a pesticide device?

The New Mexico Pest Control Act (NMPCA) Section 76-4-3 defines a device as “any instrument or contrivance other than a firearm which is intended for trapping, destroying, repelling or mitigation any pest or any other form of plant or animal life, other than man and other than bacteria, viruses or other microorganisms on or in any living thing other than plants, but does not include equipment used for the application of pesticides when sold separately therefrom, or traps used to control predators or rodents or sterilization using dry hear or steam”. Under the NMPCA registration is required for all products and devices that make pesticidal claims if they are distributed in the state of New Mexico.

Examples of devices that require registration:

  • Ultraviolet light systems
  • Ozone generators
  • Water filters
  • Air filters
  • Ultrasonic devices
  • Traps (that include an attractant or bait)

Examples of devices that do not require registration:

  • Mechanical mouse traps (not sold with an attractant or bait)
  • Glue boards (that do not contain an attractant or bait)
  • Fly paper or Fly ribbon (that do not contain an attractant or bait)
  • Steam mops

How do I apply?

Required items:

  • A completed Application to Register Device form.
  • A complete copy of the labeling accompanying the device in pdf format. The labeling must include directions, precautions of use, and all claims.
  • A full description of the tests and results upon which the claims are based (efficacy data). Efficacy data must:
    • Support all label claims for the device.
    • Be from independently collected double-blind, replicated studies. Note: Testimonials, in-house studies, and similar material are not acceptable.
    • Include comparisons to current industry products.
    • Describe the experimental design; material and methods; results, using standard scientific statistical procedures; and interpretation of those results.
    • Names and addresses of researchers conducting the evaluation(s).

Registration will be granted if it appears that the efficacy data warrant the proposed claims and if the device, its labeling, and other material submitted comply with the requirements of the NMPCA. Once the product is accepted by NMDA a request will be sent to the registrant requesting payment of the registration fee of $100.00 per product. Please do not send a check with your application, this could result in a delay processing your application.

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