REGISTERING A 25 (B) pesticide or Device


Section 25(b) –Minimum Risk Pesticides Registration in New Mexico

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

The Federal Insecticide, Fungicide, and Rodenticide Act Section 25(b), identifies certain pesticide active ingredients as “minimum risk” and therefore exempts these minimum risk active ingredients from federal registration. While these active ingredients are exempt from federal registration, the New Mexico Pest Control Act requires companies to register with New Mexico Department of Agriculture all pesticides, including 25(b) products that are distributed in the state.

To register a pesticide product in New Mexico as a 25(b), it must meet all of the general conditions outlined in the Code of Federal Regulations Title 40 152.25(f) and by the Environmental Protection Agency at https://www.epa.gov/minimum-risk-pesticides.

How do I apply?

REQUIRED ITEMS FOR SUBMISSION:

  1. A completed Application to Register 25(b) form. https://www.nmda.nmsu.edu/wp-content/uploads/2014/07/Application-to-Register-25-b-Device.pdf ;
  2. A Complete Statement of Formula that includes: a list of all active ingredients and their respective percentages based on weight; and a list of inert ingredients and their respective percentages based on weight. Note that only active and inert ingredients listed and approved by EPA will be accepted;
  3. A copy of the label as it will appear on the product;
  4. Ensure information provided meets Environmental Protection Agency requirements and is complete before submitting.

You can submit to:
New Mexico Department of Agriculture
Agricultural & Environmental Services
Pesticide Compliance Section
3190 S. Espina Street
Las Cruces, NM 88003-8005
or email pesticideregistration@nmda.nmsu.edu

Once a product has been approved, the registrant will be notified, including registration costs based on $100.00 per product registered. In the event a product registration request is not approved, the registrant will be notified of the reasons, and be provided an opportunity to correct or withdraw their registration request. Do not send payment with your application.

Efficacy Study Requirements:

Although New Mexico Department of Agriculture does not require efficacy studies to be submitted with the application, the department does reserve the right to request efficacy studies from the registrant in order to substantiate labeled claims.  Refusal or inability of a registrant to provide efficacy studies requested by New Mexico Department of Agriculture within seven days of a registrant receiving a request shall result in the immediate cancellation of the product’s registration. Efficacy studies provided by the registrant that do not support labeled claims, as determined by New Mexico Department of Agriculture, shall also result in the immediate cancellation of the product and immediate withdraw from sale in the state.      


Pesticide Device Registration** in New Mexico

**Registration of a pest control device under the  New Mexico Pesticide Control Act is ­not an indication or warranty that the device is suitable for any particular purpose.  NMDA does not test registered pest control devices for quality or functionality, nor does NMDA endorse or recommend the use of any registered pest control devices.

What is a pesticide device?

New Mexico Pest Control Act Section 76-4-3 defines a device as “any instrument or contrivance other than a firearm that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than humans 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 heat or steam”. Under the New Mexico Pest Control Act, registration with New Mexico Department of Agriculture is required for specific products and devices that make pesticidal claims and will be distributed in 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

Device Regulations (https://www.epa.gov/pesticide-registration/pesticide-registration-manual-chapter-13-devices)

  • Devices are not required to be registered with the United States Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3.
  • Devices are subject to certain requirements of FIFRA as specified in 40 CFR 152.500.
  • Devices must be produced in a registered pesticide-producing establishment. Refer to 40 CFR 152.500(b)(2).
  • Devices are subject to the labeling requirements of FIFRA section 2(q)(1) and 40 CFR Part 156.

How do I apply?

Required items:

  1. A completed Application to Register Device form https://www.nmda.nmsu.edu/wp-content/uploads/2014/07/Application-to-Register-Device.pdf
  1. A copy of the labeling as it will accompany the product.
  1. Ensure information provided meets Environmental Protection Agency requirements and is complete before submitting.

You can submit to:
New Mexico Department of Agriculture
Agricultural & Environmental Services
Pesticide Compliance Section
3190 S. Espina Street
Las Cruces, NM 88003-8005
or email pesticideregistration@nmda.nmsu.edu

Once a product has been approved, the registrant will be notified, including registration costs based on $100.00 per device type registered. In the event a product registration request is not approved, the registrant will be notified of the reasons, and be provided an opportunity to correct or withdraw their registration request. Do not send payment with your application.

Efficacy Study Requirements:

Although New Mexico Department of Agriculture does not require efficacy studies to be submitted with the application, the department does reserve the right to request efficacy studies from the registrant in order to substantiate labeled claims.  Refusal or inability of a registrant to provide efficacy studies requested by New Mexico Department of Agriculture within seven days of a registrant receiving a request shall result in the immediate cancellation of the device’s registration. Efficacy studies provided by the registrant that do not support labeled claims, as determined by New Mexico Department of Agriculture, shall also result in the immediate cancellation of the device.