- New Mexico Department of Agriculture - http://www.nmda.nmsu.edu -

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:

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:

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:

Examples of devices that do not require registration:

How do I apply?

Required items:

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.