[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Proposed Rules]
[Pages 76979-76996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31188]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 152
[EPA-HQ-OPP-2010-0305; FRL-9339-1]
RIN 2070-AJ79
Pesticides; Revisions to Minimum Risk Exemption
AGENCY: Environmental Protection Agency (EPA).
[[Page 76980]]
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to more clearly describe the active and inert
ingredients permitted in products eligible for the exemption from
regulation for minimum risk pesticides. EPA is proposing to reorganize
these lists with a focus on clarity and transparency by adding specific
chemical identifiers. The identifiers would make it clearer to
manufacturers; the public; and Federal, state, and tribal inspectors
which ingredients are permitted in minimum risk pesticide products. EPA
is also proposing to modify the label requirements in the exemption to
require the use of specific common chemical names in lists of
ingredients on minimum risk pesticide product labels, and to require
producer contact information on the label. Once final, these proposed
changes would maintain the availability of minimum risk pesticide
products while providing more consistent information for consumers,
clearer regulations for producers, and easier identification by states,
tribes and EPA as to whether a product is in compliance with the
exemption.
DATES: Comments must be received on or before April 1, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number 12P-0200 EPA-HQ-OPP-2010-0305, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC) (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001. In addition, please mail a copy of your comments on the
information collection provisions to the Office of Information and
Regulatory Affairs, Office of Management and Budget, ATTN: Desk Officer
for EPA, 725 17th St. NW., Washington, DC 20503.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Ryne Yarger, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 605-1193; fax number: (703) 305-5884;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
distribute, sell, or use minimum risk pesticide products. Minimum risk
pesticide products are exempt from Federal regulation, and are
described in 40 CFR 152.25(f). The following list of North American
Industrial Classification System (NAICS) codes is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
Manufacturers of these products, which includes pesticide
and other agricultural chemical manufacturers (NAICS codes 325320 and
325311), as well as other manufacturers in similar industries such as
animal feed (NAICS code 311119), cosmetics (NAICS code 325620), and
soap and detergents (NAICS code 325611).
Manufacturers who may also be distributors of these
products, which includes farm supplies merchant wholesalers (NAICS code
424910), drug and druggists' merchant wholesalers (NAICS code 424210),
and motor vehicle supplies and new parts merchant wholesalers (NAICS
code 423120).
Retailers of minimum risk pesticide products (some of
which may also be manufacturers), which includes nursery, garden
center, and farm supply stores (NAICS code 44220); outdoor power
equipment stores (NAICS code 444210); and supermarkets (NAICS code
445110).
Users of minimum risk pesticides, including the public in
general, as well as exterminating and pest control services (NAICS code
561710), landscaping services (NAICS code 561730), sports and
recreation institutions (NAICS code 611620), and child day care
services (NAICS code 624410). Many of these companies also manufacture
minimum risk pesticide products.
B. What is the agency's authority for taking this action?
This action is issued under the authority of the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq., sections 3 and 25.
C. What action is the agency taking?
EPA is proposing to more clearly describe the active and inert
ingredients permitted in products eligible for the exemption from
regulation for minimum risk pesticides (40 CFR 152.25(f)). EPA is
proposing to reorganize these lists by adding specific chemical
identifiers. The identifiers would make it clearer to manufacturers;
the public; and Federal, state, and tribal inspectors the specific
ingredients that are permitted in minimum risk pesticide products. EPA
is also proposing to modify the label requirements in the exemption to
require the use of specific common chemical names in lists of
ingredients on minimum risk pesticide product labels, and to require
producer contact information on the label.
D. Why is EPA taking this action?
The primary goal of this proposal is to clarify the conditions of
exemption for minimum risk pesticides by making clearer the specific
ingredients that are permitted in minimum risk pesticide products. EPA
has exempted from the requirement of registration certain pesticide
products if they are composed of specified ingredients and labeled
according to EPA's regulations in 40 CFR 152.25(f). EPA created the
exemption for minimum risk pesticides to eliminate the need to expend
significant resources to regulate products that were deemed to be of
minimum risk to human health and the environment. In addition,
exempting such products freed Agency resources to focus on evaluating
formulations whose toxicity was less well characterized or of higher
toxicity. The existing regulatory structure, however, leads to
confusion as to which ingredients are exempt under 40 CFR 152.25(f),
and how they should be labeled on products.
The proposed revisions to the exemption would clarify the specific
ingredients that are permitted, specify how they should be presented on
a label, and provide consumers with contact information for the
manufacturer of the products. EPA's intention is to restructure the
exemption with a focus on clarity and transparency for the ingredient
lists. Once final, these proposed changes would provide more consistent
information for consumers, clearer regulations for producers, and
easier identification by states, tribes and EPA as to whether a product
is in compliance with the exemption.
[[Page 76981]]
II. Background
A. The Minimum Risk Pesticide Exemption
Under FIFRA section 25(b)(2), EPA may exempt from the requirements
of FIFRA any pesticide that is ``of a character unnecessary to be
subject to [FIFRA].'' Pursuant to this authority, in March 1996, EPA
promulgated 40 CFR 152.25(g), which exempted from FIFRA any pesticide
product consisting solely of specified ingredients that EPA judged to
pose minimum risk to humans and the environment (61 FR 8876, March 6,
1996) (FRL-4984-8). This provision was later redesignated as 40 CFR
152.25(f) (66 FR 64759, December 14, 2001) (FRL-6752-1).
Unlike registered pesticides, sale and distribution of products
exempted under 40 CFR 152.25(f) do not require that the products be
registered with EPA, payment of registration fees, or reporting of
production to EPA. To meet the criteria for the minimum risk exemption,
a pesticide must:
Contain only specified active and inert ingredients.
List active ingredients on the label by name and percent
weight in the formula.
List inert ingredients on the label by name.
Not bear claims either to control or mitigate
microorganisms that pose a threat to human health, including but not
limited to disease transmitting bacteria or viruses, or claims to
control insects or rodents carrying specific diseases, including, but
not limited to ticks that carry Lyme disease.
Not include false or misleading labeling statements,
specified in 40 CFR 156.10(a)(5)(i) through (viii). These include false
or misleading statements about product composition, effectiveness,
comparison to other products, endorsement by the Federal Government, or
label disclaimers.
Restrictions on which ingredients may be used in minimum risk
pesticide products are key aspects of the exemption, since the
properties of these specific ingredients are the reason EPA exempted
minimum risk pesticide products from FIFRA regulatory requirements. As
stated in the notice of proposed rulemaking for the minimum risk
exemption, ``EPA believes regulation of these substances is not
necessary to prevent unreasonable adverse effects on man or the
environment, and these substances are not of a character necessary to
be subject to FIFRA in order to carry out its purposes'' (Ref. 1).
1. Active ingredients. Active ingredients for minimum risk
pesticide products are listed in 40 CFR 152.25(f)(1); no new active
ingredients have been added since 1996.
2. Inert ingredients. Inert ingredients for minimum risk pesticide
products were originally listed in List 4A, referenced at 40 CFR
152.25(f)(2). The 4A Inert Ingredient List was created on November 22,
1989 (54 FR 48314) (FRL-3667-6). List 4A ingredients were described as
minimal risk, or ``substances for which there is no information to
indicate that there is a basis for concern'' (Ref. 2). On September 28,
1994, EPA added new chemicals to List 4A by publishing an updated list
in the Federal Register (Ref. 3). The exemption for minimum risk
pesticides referred to this list, as it appeared in the Federal
Register in September 1994.
Since 1994, EPA has updated the list of inert ingredients permitted
in minimum risk pesticide products. In 2002, EPA proposed (in January)
and finalized (in May) a consolidated set of tolerance exemptions for
minimum risk chemicals under section 408 of the Federal Food, Drug and
Cosmetic Act (FFDCA), 21 U.S.C. 346a. These changes primarily allowed a
set of commonly consumed foods to be included in minimum risk
pesticides with food uses (Ref. 4). Some commonly consumed foods (such
as peanuts, tree nuts, milk, soybeans, eggs, fish, crustacean, and
wheat) were excluded due to their known allergenic properties. EPA
proposed and finalized these changes as part of the tolerance
reassessment requirements of the Food Quality Protection Act of 1996,
which amended FFDCA. In the 2002 proposal, EPA explained that commonly
consumed foods could be considered minimum risk, since ``it is unlikely
that a commonly consumed food commodity could be used to control a pest
via a toxic mode of action'' and that foods are generally recognized as
safe (Ref. 2). The 2002 final rule explained that, with some
exceptions, all commonly consumed food items and all animal feed items
would be considered minimum risk pesticide chemicals and would be
located in the newly established 40 CFR 180.950. The 2002 final rule
did not amend the FIFRA minimum risk exemption in 40 CFR 152.25(f). In
2004, EPA updated List 4A to specifically list the substances in the
2002 rulemaking (Ref. 5).
In 2006, EPA classified additional substances as minimum risk for
purposes of tolerance exemptions under 40 CFR 180.950(e). The proposed
rule also clarified that EPA was shifting existing tolerance exemptions
for the inert ingredients that appear on List 4A from that list to 40
CFR 180.950(e) (Ref. 6).
Since 2006, EPA has been responding to stakeholder input and
revising the Web page that lists inert ingredients eligible for use in
minimum risk pesticide products. Among these updates, this Web page was
revised on March 3, 2009, to include a common chemical name for many of
the chemicals and to clearly delineate the food and non-food use status
of the chemical substances.
The list was most recently re-formatted on December 20, 2010, to
provide a more easily understood format for the chemicals listed. The
list is available on the Agency's Web site at http://www.epa.gov/opprd001/inerts/section25b_inerts.pdf (Ref. 7).
3. Labeling requirements. Labeling requirements are also a key
component of the exemption. While EPA does not review these products,
and therefore a label review is not conducted, in order to maintain
exempt status, an exempt product's label must meet certain criteria.
The methods for displaying active and inert ingredient information are
detailed in the exemption: Labels must include percentage (by weight)
of active ingredients and list all inert ingredients.
The regulations for displaying ingredients on minimum risk
pesticide product labels differ from the regulations for registered
products. Since exempt products are not registered with EPA and
manufacturers submit no information to the Agency, listing product
ingredients provides important information to the public, and to
enforcement officials who must determine whether or not a product
complies with the exemption.
B. EPA's Initial Expectations for the Exemption
EPA had several expectations regarding this exemption:
Reduction of burden on the Agency and manufacturers of
minimum risk pesticides.
Facilitate the development of more low-risk methods of
pest control.
No significant environmental use of these substances as
pesticides.
Uncomplicated enforcement.
Though some of these expectations were met, the lack of clarity
regarding ingredients has produced significant enforcement
difficulties. For example, the way active ingredients are currently
listed in the exemption is vague, and inspectors are confronted with
the need to determine whether certain product ingredients as they are
listed on product labels, such as cedar leaf oil or cedar wood oil, are
exempt under the more
[[Page 76982]]
general terminology used in 40 CFR 152.25(f), which lists only ``cedar
oil.'' EPA has attempted to provide clarity by updating its Web site
explaining minimum risk pesticide products; however, feedback from
stakeholders indicated this was not sufficient to address the problems
described in the next unit.
C. Reactions From and Challenges for States
1. State registration practices. Though minimum risk pesticide
products are exempt from Federal regulation, most states regulate these
products in some manner. In 2010, approximately 37 states and the
District of Columbia required products that are exempt from Federal
regulation under 40 CFR 152.25(f) to have a state-registration. In some
ways, this is similar to many states' registration processes for
federally registered pesticides, which also must be approved in each
state in which they are sold or used.
However, a state's registration of a federally registered pesticide
usually relies heavily on the previous Federal review of the product's
toxicity, use patterns, and label. In contrast, given that minimum risk
pesticides are largely exempt from Federal regulation under FIFRA, the
numerous states that do regulate these products review and examine the
products using criteria that vary from state to state. In some states,
manufacturers of minimum risk pesticide products are only required to
pay a registration fee; in others, there is a label review, which can
include a review of the ingredients used in the product; and a few
require Material Safety Data Sheets and data on product efficacy.
Though some states have more detailed registration processes for
minimum risk pesticide products, and some states do not register these
products at all, the exemption created significant enforcement concerns
for all states since it created a category of legal but federally
unregistered products. Instead of being able to rely on a Federal
determination of whether a pesticide product was complying with
relevant regulations, each state's enforcement authority had to make
those decisions. To do this, each state had to become familiar with all
active and inert ingredients permitted under the Federal exemption in
order to determine whether a pesticide product lacking an EPA
registration number was lawfully exempt from Federal regulation.
Inspectors have found it difficult to determine whether seemingly
exempt products were complying with the exemption. One of the most
common minimum risk pesticide product issues encountered by inspectors
and enforcement case developers are products that claim the 40 CFR
152.25(f) exemption, but contain active or inert ingredients whose
status as an ingredient that may be used in minimum risk pesticide
products is not readily apparent from the name of the ingredient as
listed on the label. Since ingredients may be listed on the label with
one of numerous chemical, common, or Latin names, determining whether
an ingredient on a pesticide product label is the same substance
referred to by the active or inert ingredient lists is a time consuming
task.
The lack of clarity in which ingredients are permitted in minimum
risk pesticide products makes it difficult for companies to determine
whether a specific formulation is within the exemption. The lack of
consistency in how those ingredients are displayed on the product
labels by the various manufacturers has led to inefficiencies in
enforcement of the exemption. As discussed in Unit IV., by creating a
situation in which enforcement officials cannot swiftly examine an
unregistered pesticide product label and then determine if the
ingredients listed on the label are eligible for use in minimum risk
pesticide products creates slowdowns in developing enforcement cases.
2. Early negative response. States' frustration with the exemption
developed quickly. In 1998, less than 2 years after the exemption took
effect, the Association of American Pesticide Control Officials (AAPCO)
surveyed its members regarding 40 CFR 152.25(f) (Ref. 8). Overall,
respondents indicated that the 1996 exemption has had a negative effect
on their agencies or their states, and that ingredient or labeling
issues are a major concern. Responses to selected questions from the
survey are shown in Table 1.
Table 1--Responses to Selected Questions in the 1998 AAPCO Survey
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Percent of
Percent of all states at that
states + No. of states time
Response Total Number territories in exempt registering
of states AAPCO (53) products in exempt
(percent) 1998 products (36)
(percent)
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Have problems with companies submitting labels 11 21 9 25
for 25(b) products that contain active
ingredients not on the list....................
Have a system for determining changes in List 4A 7 13 5 14
(inert ingredients)............................
Have seen exempt products that fail to list 21 40 18 50
inert ingredients on the label as required.....
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3. Continuing enforcement challenges. States' experience with 40
CFR 152.25(f) indicate that the exemption from regulation is not
working as intended and, instead, has resulted in numerous
inefficiencies. Under the exemption as it is currently written,
inspectors have difficulty determining on-site whether a product is
legally exempt from regulation or if it is an illegal product. If the
pesticide's exemption status is not clear, the inspector collects
evidence documenting sale/distribution (photos, sales records, etc.)
and follows-up with EPA. This creates a noticeable resource burden for
the states and EPA.
In 2006, in response to a petition from the Consumer Specialty
Products Association, several states submitted comments that described
their difficulties enforcing the terms of the exemption for minimum
risk pesticide products. For example, the comment from Colorado stated:
In Colorado this results in numerous cases of enforcement
actions requiring Colorado retailers to remove unregistered products
from their shelves. We issue about 90 Cease and Desist Orders per
year to retailers selling unregistered pesticides that claim to be
25(b) exempt. (Ref. 9)
A similar comment was received from California:
Although well intended, rather than relieving the States of ever
increasing regulatory workload, the proliferation of minimum risk
pesticides now available in
[[Page 76983]]
the marketplace has resulted in the opposite effect. In California,
recent data indicates that approximately 20% of the routine
marketplace inspections include some type of additional follow up
having to be performed to determine compliance status for 25(b)
minimum risk pesticides. (Ref. 10)
Many of these burdens and inefficiencies resulted from confusion
created by ambiguities in the list of ingredients permitted for use in
pesticide products exempt from Federal regulation. Several lists must
be consulted to determine if a product's ingredients are permitted,
and, often, ingredients on product labels may--legitimately--use
chemical names different from those that appear on the ingredient
lists. Chemicals often have multiple names. However, inspectors and
consumers may be unfamiliar with alternative chemical names, resulting
in confusion over whether the product complies with the exemption. For
example, as Colorado stated in its comment on the 2006 petition:
There is also continuing confusion among applicants, extension
educators, state regulators and even regional EPA staff on which
ingredients are or are not allowed, and what statements can or
cannot be on labels for 25(B) products. Even after 10 years, we
frequently see applications for products with ingredients that are
not allowed. (Ref. 9).
As currently written, it is difficult and time-consuming for state
regulators and producers to determine which ingredients are allowed in
products claiming the exemption. As a result, marketplace inspections
are hobbled, and discovery of non-compliant products is delayed. As
California stated in its comment on the 2006 petition:
The increased workload generated by unregulated 25(b) pesticides
impacts other vital regulatory duties, such as worker protection
inspections, and product registration (Ref. 10).
This encourages a proliferation of illegal products, or products
that do not meet the Federal exemption criteria for ingredients,
labeling, or other conditions.
The burden on the states is clear: Identifying which minimum risk
pesticide products are compliant with the exemption requires
significant state resources for inspection, yet when products are found
to be violating the Federal exemption, states in many cases cannot
precisely identify the problem or take action without significant
guidance and assistance from EPA, which must interpret the ingredient
lists and other criteria in the exemption to determine whether a
product is compliant.
III. Need for This Rulemaking
More than a decade of experience with 40 CFR 152.25(f) on the
Federal and state levels has indicated that there is confusion over
permitted ingredients. This lack of clarity has created a significant
burden for enforcement of the exemption. Confusion over permitted
ingredients may also result in public hazards due to the proliferation
of unregistered pesticide products that do not comply with the
ingredient restrictions in the exemption. As part of a survey of
compliance with the exemption, EPA conducted an analysis of labels of
products sold as minimum risk personal insect repellents (also referred
to as skin-applied repellents), relying in part on information provided
by the Nielsen Company. Personal insect repellent products are
estimated to make up approximately 14% of products registered by states
that make their registration databases publicly available. EPA found
that nearly half (47%) of the minimum risk personal insect repellent
products contained ingredients not permitted under 152.25(f) (Ref. 11).
This finding is based on:
Identification of 135 personal insect repellent products
claiming to be exempt, or that were not registered with EPA. These
products were identified through state registration lists, nationwide
sales data compiled by the Nielsen Company, and Internet searches.
Examination of publicly available labels of these personal
insect repellent products. Labels were not available for 26 products
(or 19% of all identified).
Comparison of any stated ingredients with those on the
active and inert ingredient lists specified in or referenced by the
exemption. Forty-five products, or 33% of all identified, seemed to
list only permitted ingredients; 64 products, or 47%, listed
ingredients not permitted under the exemption.
The data are likely an underestimate of the non-compliance rate
with the ingredient criteria of the exemption. These underestimations
result from a lack of information available on these products, and the
sources used to identify these products are not comprehensive of the
entire universe of minimum risk personal insect repellents, which are
not registered in all states and which may not be sold in the major
retailers tracked by the Nielsen Company nor sold online. Furthermore,
the compliance rate for skin-applied insect repellents may not be
representative of all minimum risk pesticide products. EPA has not
examined the other products with respect to compliance, since labels
from other minimum risk pesticide products representative of the
national marketplace could not be located.
Lack of compliance with the requirements of the exemption may
result from producers' uncertainty about which ingredients are
permitted, or inspectors' inability to develop enforcement cases to
remove non-compliant products from the marketplace in a timely manner.
Currently, it may not be clear to companies which specific ingredients
are permitted for minimum risk pesticides exempt from regulation, since
the terminology describing the ingredients is difficult to understand.
Additionally, product labels often use unfamiliar terms for permitted
ingredients, which creates confusion for state and Federal inspectors
who are not familiar with all possible names for these chemicals. For
example, some products use Latin names for some ingredients, such as a
product that listed some of its inert ingredients as Glycine Soja Oil,
Cymbopogon Nardus Oil, and Pimenta Acris Leaf Oil, which most
inspectors and members of the public would not recognize as soybean
oil, citronella oil, and bay leaf oil, respectively. Inspectors have
reported the difficulty of determining the legality of some minimum
risk pesticide products during field inspections.
The actions proposed today will provide greater specificity and
clarity concerning the inert and active ingredients that can be used in
exempted products, and specify the exact chemical terms that must be
displayed on product labels. This will aid in resolving many of the
issues surrounding non-compliance, as well as providing clearer
information to consumers of these products without adversely affecting
the availability of minimum risk pesticide products. Providing accurate
and clear information to the public will assist users in making good
choices regarding their use of pesticides. EPA believes that these
beneficial label changes cannot be achieved through non-regulatory
means.
IV. What EPA Considered
EPA considered the following options for addressing the issues
described previously related to the minimum risk exemption:
Item 1: Revising the exemption to redesign the format of the active
ingredient list.
Item 2: Revising the exemption to codify the inert ingredient list
into the CFR.
[[Page 76984]]
Item 3: Revising the exemption to require the use of a common
chemical name on the label.
Item 4: Revising the exemption to require a label statement that
signals exempt status.
Item 5: Publishing guidance on how an exempt label should look.
Items 1 and 2 would provide clarity regarding the ingredients and,
to some extent, promote states' abilities to enforce the exemption
while continuing the availability of minimum risk pesticide products.
Item 3 would not only significantly increase the clarity of the
ingredients in a product claiming to be a minimum risk pesticide, but
also augment visibility of that product's compliance with the
exemption. Though companies would need to modify product labels to
comply with the changes, the costs expended would be minimal and this
would not impede the continued availability of minimum risk pesticides.
When considering Item 4, EPA believes that Item 4 is unlikely to
provide any significant benefit to consumers from having a statement, a
disclaimer, which signals exempt status on the product label. EPA's
analysis of information from open literature and survey results
indicates that in general most people do not read, understand, or
believe a disclaimer. This means that a label disclaimer is unlikely to
change consumer behavior or influence a purchasing decision. For a
label statement to be effective, the purchaser must first read the
label and notice the disclaimer, and then read the disclaimer,
understand the disclaimer, believe the disclaimer, and choose to act on
the disclaimer (Ref. 12). Potentially, there could be a slight benefit
from such a statement for enforcement, as state inspectors could use
this statement as part of their determination of a product's status
under the exemption. However, as other pieces of label information may
provide more useful information to consumers and enforcement, EPA chose
to focus on making those modifications to the exemption.
Item 5 would assist manufacturers with complying with the minimum
risk exemption. EPA plans to update its Web site on minimum risk
pesticides (Ref. 13) to provide this guidance, including label formats,
directions for use, and ways to display ingredient lists. Any
clarifications communicated through this kind of guidance, however,
would not be considered requirements for compliance with the exemption,
and would not aid in efficient enforcement of the exemption. For this
reason, merely providing guidance to manufacturers is not sufficient to
address the exemption's issues related to enforcement difficulties and
current lack of clarity. EPA intends to provide guidance by updating
the sections of its Web site explaining the minimum risk exemption, but
this would be independent of rulemaking.
Additional issues regarding the minimum risk exemption have been
raised by states, with states expressing interest in:
Item 6: Revising the exemption to require directions for use on
minimum risk pesticide products.
Item 7: Revising the exemption to require company name and contact
information.
Item 6 would provide consumers with directions for safe use of the
product. Though many products already include directions on how to
apply the product, some do not, and even for minimum risk pesticides
there is a theoretical potential for injury or environmental hazard
from improper use of the products. However, assessing the risk of
certain uses of minimum risk pesticides already determined to be
minimum risk is outside the scope of this rulemaking, which only
proposes to clarify the terms of the original exemption. Additionally,
EPA was not able to create a requirement for directions for use that
would be both broad enough to apply to all potential categories of
products, yet specific enough to be enforced fairly and effectively.
For these reasons, EPA chose to focus on other aspects of minimum risk
pesticide product labeling and on the ingredient lists. EPA will
continue to seek ways to provide guidance on improving directions for
use on minimum risk pesticide products.
Item 7 would provide a significant benefit to consumers, who may be
unable to determine which company manufactured or distributed a minimum
risk pesticide product. Although the labels of many products already
provide this information, it does not appear on all minimum risk
pesticide products. These changes would provide useful information
without burdening manufacturers beyond the cost of changing their
labels. Unlike directions for use, the requirements for company name
and contact information (such as address and phone number) can be
specified clearly in the proposed amendments to the exemption. Though
this does not deal with ingredient clarity, EPA feels that in the
interest of efficiency it is appropriate to propose this change at the
same time, since it would provide a strong benefit to consumers with
little added cost.
EPA determined that a combination of revisions and guidance would
provide the best approach to the issues discussed previously. This
combination is:
Item 1: Redesign the format of the active ingredient list.
Item 2: Codify the list of permitted inert ingredients.
Item 3: Require that common chemical names be used to describe
active and inert ingredients on product labels.
Item 5: Provide guidance on how an exempt label should look.
Item 6: Require company name and address on product labels.
Items 1, 2, 3, and 6 are proposed in this rulemaking and are
discussed in greater detail in Unit VII. Item 5 includes Web site
changes that are in addition to the rulemaking proposed here, and is
also outlined later in this document.
By clarifying the way ingredients are defined in the exemption and
the way they should be displayed on product labels, EPA will be able to
protect public health while relieving product manufacturers of the
burdens associated with regulation. Similarly, requiring contact
information on product labels would provide important consumer
information and greater producer accountability with minimal cost.
V. Proposal To Modify the Minimum Risk Exemption To Improve Clarity
A. Clarify the List of Active Ingredients
EPA proposes to replace the text in 40 CFR 152.25(f) specifying the
active ingredients and their variations with a table that would show,
for each permitted active ingredient:
Label Display Name. This is the common chemical name that
would be required to be used on labels of products that contain these
ingredients.
Chemical Name, as determined by Chemical Abstract Services
(CAS).
Specifications. Though this column would generally be
empty, some substances listed in the exemption had specifications
associated with them in the text of the exemption as published in 1996.
CAS Registry Number (CAS No.). The Agency listed the CAS
No. for each of the chemical substances listed in 40 CFR 152.25(f)
where a CAS No., was available. A CAS No. is a unique numerical
identifier that provides one of the most distinct, readily available,
and universally accepted means of identifying chemical substances.
Identifying chemicals permitted in minimum risk pesticides by CAS No.
would assure manufacturers that they
[[Page 76985]]
are purchasing and using the chemicals that can be used in minimum risk
pesticide products. Only substances identified by the CAS No. listed
would be permitted for use as active ingredients in minimum risk
pesticide products. EPA is only providing additional clarity concerning
the ingredients that are currently used in exempted products: No
ingredients are being added or removed from the list.
An example of this table is provided here, as Table 2.
Table 2--Example of New Format for Active Ingredients
----------------------------------------------------------------------------------------------------------------
Label display name Chemical name Specifications CAS No.
----------------------------------------------------------------------------------------------------------------
Citric Acid............................ 2-Hydroxypropane-1,2,3- USP...................... 77-92-9
tricarboxylic acid.
Citronella Oil......................... Citronella Oil............ ......................... 8000-29-1
----------------------------------------------------------------------------------------------------------------
In this document, EPA is not proposing to remove or add any active
ingredients to the list. The current list is being clarified by using
more precise chemical identifiers and nomenclature. For approximately
20 of the active ingredients in the proposed table, EPA is proposing to
include the specification of USP (United States Pharmacopeia) standard
in the Specifications column. USP standards are set for quality,
purity, and identity, and usually provide information on chemical
formula, chemical weight, CAS numbers, function, definition, packaging,
storage, and labeling requirements. Information on the USP standards is
included in the docket for this proposal.
State and Federal inspectors and interested members of the public
would be able to easily match the name of the active ingredient on the
label to the column in the table in 40 CFR 152.25(f)(1) that contains
label display names. Linking the CAS No., the label display name, and
the chemical name maintains the chemical identity specificity needed
for enforcement, would provide the public and inspectors with
understandable information, and would provide guidance for product
manufacturers who may be unsure of the specific ingredients that their
products can and cannot contain in order to comply with the minimum
risk exemption.
B. Codify the Existing List of Inert Ingredients
As previously discussed, in Unit III.A.2., the minimum risk
exemption in 40 CFR 152.25(f)(2) references a list of chemicals
permitted to be used as inert ingredients that has been updated and
currently is maintained on EPA's public Web site. To clarify which
inert ingredients may be used in these products, EPA proposes to codify
in the CFR a reference to sections detailing which chemicals may be
used in addition to a reformatted version of the table that currently
appears online.
The proposed changes to the section of the exemption dealing with
inert ingredients would include references to 40 CFR 180.950(a), (b),
and (c), which describe chemical substances exempt from the
requirements of a tolerance and that may also be used as inert
ingredients in minimum risk pesticides. The regulatory reference will
provide the clarity needed for understanding which commonly consumed
food commodities, animal feed items, and edible fats and oils can be
used in exempted products. Additionally, EPA proposes to add a table
that would contain the chemicals currently listed in 40 CFR 180.950(e)
as well as those that appeared originally on List 4A. A version of this
table currently appears online. Any duplicate listings would be
removed.
EPA believes that adding these references and reformatting the
table and placing it into the CFR will provide needed clarity, in as
much as State inspectors, members of the public, or manufacturers of
minimum risk pesticide products would be able to more quickly determine
whether a given ingredient is a permitted inert ingredient for minimum
risk pesticide products.
The columns of the table that would be codified would be:
Label Display Name.
Chemical Name, as determined by CAS.
CAS No. (described previously).
An example of this table is listed, as Table 3.
Table 3--Example of New Format for Permitted Inert Ingredients
------------------------------------------------------------------------
Label display name Chemical name CAS No.
------------------------------------------------------------------------
Aluminum potassium sodium Silicic acid, 12736-96-8
silicate. aluminum potassium
sodium salt.
Aluminum silicate................ Silicic acid, 1335-30-4
aluminum salt.
Aluminum sodium silicate......... Silicic acid, 1344-00-9
aluminum sodium
salt.
------------------------------------------------------------------------
Unlike the proposed table listing the active ingredients, the
proposed table for the inert ingredients does not include a column
outlining specifications, since none were outlined in the exemption.
However, some of the substances have no tolerances or tolerance
exemptions under FFDCA section 408 and thus have not been permitted for
use in pesticides that may come in contact with foods, which are also
known as food-use pesticides. For this reason, EPA is proposing that in
addition to the proposed table listing inert ingredients, the text of
the exemption be amended to indicate the address of an EPA Web site at
which information can be found on which chemicals listed could be used
in food-use pesticide products.
The FFDCA requires all active and inert ingredients that come into
contact with food have an applicable tolerance or exemption from the
tolerance requirement. EPA currently indicates on the minimum risk
inert ingredient table that appears online (at http://www.epa.gov/opprd001/inerts/section25b_inerts.pdf) those chemicals that are exempt
from the requirement of a tolerance, and thus could be used in
pesticides that come in contact with food. EPA proposes to maintain as
guidance the online list that includes a column indicating which
chemicals may be allowed as active or inert ingredients in pesticides
that come in contact with food; there would also be a note indicating
where the exemptions from the requirements of a tolerance are detailed
in the CFR. This table could thus continue to serve as a quick guide
[[Page 76986]]
to manufacturers, enforcement officials, and members of the public.
There are benefits to having all information about the minimum risk
exemption consolidated in one location, and the CFR is a useful
reference for many people interested in the exemption. Therefore, EPA
proposes to add a reference to the address of the Web site that would
contain the reformatted active and inert ingredient tables that include
a ``food use'' and ``non-food use'' column. EPA would make clear that
the information on the Web site is advisory and serves as guidance, and
that the specific regulations should be consulted when seeking to learn
about a chemical's exemption from the requirements of a tolerance.
However, EPA believes that highlighting in the CFR where this guidance
is available online would be helpful in explaining some of the more
complicated aspects of the minimum risk exemption.
C. Require That Ingredient Lists Use a Label Display Name
Currently, the chemical names on exempted labels are derived from a
variety of sources, which include CAS nomenclature, informal or lay
terminology, and Latin plant name derivatives. This causes confusion
for inspectors and the public, who may not be aware of the multiple
names a single chemical may have. All stakeholders would benefit from
the use of a common chemical name for ingredients listed on the product
label. EPA proposes to revise 40 CFR 152.25(f)(3) to include the
requirement that labels of exempt products use the ``label display
name'' in the ingredient listing, when a label display name is
specified in the exemption.
D. Require Company Name and Contact Information
An additional revision to the exemption would require that
producers of minimum risk pesticide products include their company's
name and contact information (address and telephone number) on the
product label. In separate guidance, to be posted on EPA's Web site on
minimum risk pesticides, companies would be encouraged to also provide
a phone number, mailing address, Web site, or email address on their
minimum risk pesticide product labels.
Requiring a company name and contact information would provide
valuable information to consumers with minimal cost. It would also
provide state and Federal inspectors with important information that
currently can be difficult to find. To provide additional clarity, if a
company name appears on the label and that company is not the producer,
EPA proposes that the text indicate that the product was ``packed for''
``distributed by'' or ``sold by'' to show that the company selling the
product is not the producer.
E. Estimated Costs Associated With These Proposed Changes
The potential costs incurred by manufacturers of minimum risk
pesticide products to comply with these proposed changes are estimated
to be minimal. The analysis summarized in this unit estimates the cost
of label changes required by the proposed rule, as separate and
distinct from (i.e., incremental to) routine label changes that
producers already undertake. For greater detail, including the
assumptions used for the cost analysis, see the ``Cost and Small
Business Analysis of Proposed Revisions to Minimum Risk Exemption''
(Ref. 14).
For Items 1 and 2 (Revising the exemption to redesign the format of
the active ingredient list and revising the exemption to codify the
inert ingredient list into the CFR), there are no costs to producers of
exempt products. Since no ingredients are being added or removed from
the list, manufacturers of currently exempted products should not need
to change their product formulations.
For Items 3 and 7 (Revising the exemption to require the use of a
common chemical name, and company name and contact information on the
label), the cost is the cost of changing the label. To comply with the
proposed changes for labeling requirements for minimum risk pesticide
products, EPA expects that all products may need to be re-labeled in
order to list ingredients by common chemical name. Some companies may
also need to add their company name and contact information to product
labels. The estimated costs associated with changing a label are
summarized here.
Currently, EPA is aware of 216 companies producing 757 minimum risk
pesticide products. EPA derived this information from publicly
available lists of state registrations for minimum risk pesticides
(Ref. 15), and AC Nielsen retail store scanner data (Ref. 16). As
explained in the cost analysis, 192 parent companies were identified.
Together, the 192 parent companies account for 541 minimum risk
pesticide products, or about 79% percent of those identified by EPA.
Table 4 shows the distribution of firms by NAICS code. Most firms
in the minimum risk pesticide industry belong to Chemical Manufacturing
(NAICS code 325) and Merchant Wholesalers, Nondurable Goods (NAICS code
424). Forty-two firms are divided among 31 NAICS codes.
Table 4--Producers of Minimum Risk Pesticides
------------------------------------------------------------------------
Number of parent
3-Digit NAICS code NAICS code description firms
------------------------------------------------------------------------
325....................... Chemical Manufacturing... 72
339....................... Miscellaneous 8
Manufacturing.
423....................... Merchant Wholesalers, 11
Durable Goods.
424....................... Merchant Wholesalers, 32
Nondurable Goods.
444....................... Building Material and 7
Garden Equipment and
Supplies Dealers.
541....................... Professional, Scientific, 7
and Technical Services.
561....................... Administrative and 13
Support Services.
Others.................... ......................... 42
---------------------------------------------
Total with ......................... 192
classification.
------------------------------------------------------------------------
The estimated cost of the proposed rule consists of a one-time
change in the design of the label to comply with the proposed
requirements. The estimated incremental cost of the proposed rule
depends on the extent to which the
[[Page 76987]]
change is separate and distinct from the routine label changes firms
undertake on a regular basis. Firms routinely change their labels to
update or ``refresh'' their product labels. This is an important factor
that determines the magnitude of the cost of the rule since the
expected cost of the label change will depend on the duration of the
implementation period. A longer implementation period means that the
new requirements could be incorporated into a routine or planned re-
label.
Many products have more than one size or type of package. Each is
referred to as a stock keeping unit (SKU). Each SKU would have to be
relabeled to comply with the new requirements. Using an estimate of
1.53 SKUs per product, there are 1,158 products to be relabeled.
In its analysis, EPA has assumed that firms will routinely re-label
every 3 years, although some firms may re-label more or less
frequently. EPA also assumed that if the changes occurred during a
routine label update, then one-third of the label's artwork cost would
be due to the new requirements. If the firm's routine relabeling cycle
falls outside the rule compliance period (that is, if the rule
requirements cannot be incorporated into the firm's routine labeling
change), then the full cost of label change is due to the change in
regulations.
The estimated costs of the rule under different rule compliance
periods are shown in Table 5.
Table 5--Relabeling Cost per SKU (Stock Keeping Unit) for Three
Implementation Periods
------------------------------------------------------------------------
Average cost
Implementation period estimate
------------------------------------------------------------------------
Immediate relabeling.................................... $6,306
2-year implementation................................... 2,550
3-year implementation................................... 672
------------------------------------------------------------------------
Using the average cost estimates from Table 5, EPA estimates the
total potential industry cost in Table 6.
Table 6--Industry Cost for Three Rule Implementation Periods
----------------------------------------------------------------------------------------------------------------
Industry costs Immediate 2 Years 3 Years
----------------------------------------------------------------------------------------------------------------
Total number of SKUs............................................ 1,158 1,158 1,158
Average cost per SKU label change (from Table 5)................ $6,306 $2,550 $672
-----------------------------------------------
Total cost to industry...................................... $7,300,282 $2,952,097 $778,005
----------------------------------------------------------------------------------------------------------------
Under an implementation period of 2 years, the estimated industry
cost is about $3 million.
VI. Request for Comments
The Agency invites the public to provide its views and suggestions
for changes on all the various proposals in this document. Specifically
included within the Agency's request for comments are the following:
The format of the ingredient lists (active and inert
ingredients).
The information in the new format of the ingredient lists
(active and inert ingredients).
The proposed reference to a Web site that contains a table
formatted to include more information on exemptions from the
requirement of a tolerance (which would indicate whether or not a
substance can be in a pesticide used on or near food). Would this Web
site provide the clarity some stakeholders seek?
EPA's methodology for estimating the costs associated with
the proposed label changes.
The proposed timeframe (2 years from the effective date of
the final rule) for complying with label changes.
How will these changes impact state and local agencies?
What are effective methods and venues for communicating
these proposed changes to affected entities, and receiving their
feedback?
Because EPA's analysis was conducted with a subset of
products, EPA was unable to determine if most minimum risk pesticide
products for sale today comply with the requirements of the exemption,
and it is unclear how specifying active and inert ingredients would
affect the composition of products on the market. EPA expects that the
only costs to industry will be re-labeling; however, the Agency is
especially interested in learning of any products that would need to be
reformulated as a result of these proposed changes.
Commenters are encouraged to present any data or information that
should be considered by EPA during the development of the final rule.
Please describe any assumptions and provide any technical information
used in preparing your comments. You should explain estimates in
sufficient detail to allow for them to be reproduced for validation.
EPA's underlying principle in developing the proposed revisions has
been to strike an appropriate balance among:
Clarifying the ingredients permitted for use in minimum
risk pesticide products.
Having revised labels with better information on the
labels quickly.
Minimizing the impacts on the affected industry.
VII. Reference List
The following is a listing of the documents that are specifically
referenced in this proposed rule. The docket for this rulemaking,
identified by docket ID number EPA-HQ-OPP-2010-0305, includes these
documents and other information considered by EPA in developing this
proposed rule. In some cases this may include documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating documents, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
1. U.S. Environmental Protection Agency (EPA). Pesticides;
Exemption of Certain Substances from Federal Insecticide, Fungicide,
and Rodenticide Act Requirements; Proposed Rule. Federal Register (59
FR 47289, September 15, 1994) (FRL-4872-4). https://federalregister.gov/a/94-22855.
2. EPA. Pesticides; Tolerance Exemptions for Minimal Risk Active
and Inert Ingredients; Proposed Rule. Federal Register (67 FR 1925,
January 15, 2002) (FRL-6807-8). https://federalregister.gov/a/02-699.
3. EPA. Inert Ingredients in Pesticide Products; List of Minimal
Risk Inerts; Notice. Federal Register (September 28, 1994; FRL-4872-5).
http://www.gpo.gov/fdsys/pkg/FR-1994-06-23/html/94-15013.htm.
4. EPA. Pesticides; Tolerance Exemptions for Minimal Risk Active
and Inert Ingredients; Final Rule. Federal Register (67 FR 36534, May
24, 2002) (FRL-6834-8); http://federalregister.gov/a/02-12973.
5. EPA. Office of Pesticide Programs (OPP). List 4A--Minimal Risk
Inert Ingredients--By CAS Number. (August
[[Page 76988]]
2004). http://www.epa.gov/opprd001/inerts/inerts_list4Acas.pdf.
6. EPA. Pesticides: Minimal Risk Tolerance Exemptions; Proposed
Rule. Federal Register (71 FR 4087, January 25, 2006) (FR-7754-8).
http://federalregister.gov/a/06-574.
7. EPA. OPP. Inert Ingredients Eligible for FIFRA 25(b) Pesticide
Products. (December 20, 2010). http://www.epa.gov/opprd001/inerts/section25b_inerts.pdf.
8. AAPCO. 25(b) Exempt Pesticides Survey. (1998). Accessible at:
http://aapco.ceris.purdue.edu/doc/surveys/25b_1srvy.html. Survey
results accessible at: http://aapco.ceris.purdue.edu/doc/surveys/25b_1.html.
9. Comment attachment by L. Quakenbush, Colorado Department of
Agriculture. Docket ID No.: EPA-HQ-OPP-2006-0687. Document ID No.: EPA-
HQ-OPP-2006 0687-0026.
10. Comment submitted by G. Farnsworth, Department of Pesticides
Regulation (DPR). Docket ID No.: EPA-HQ-OPP-2006-0687. Document ID No.:
EPA-HQ-OPP- 2006-0687-0064.
11. EPA. OPP. EPA Analysis of Labeled Ingredients on Minimum Risk
Insect Repellent Products. (2009). Docket ID No.: EPA-HQ-OPP-2010-0305.
Document ID No.: EPA-HQ-OPP-2010-0305-0010.
12. EPA. OPP. Review of Literature on Consumer Use of Label
Statements and Findings Relevant to Planned Action on Minimum Risk
Insect Repellents. (2009). Docket ID No.: EPA-HQ-OPP-2010-0305.
Document ID No.: EPA-HQ-OPP-2010- 0305-0011.
13. EPA. OPP. Minimum Risk Pesticides. http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm.
14. EPA. OPP. Cost and Small Business Analysis of Proposed
Revisions to Minimum Risk Exemption. (2012). Docket ID No.: EPA-HQ-OPP-
2010-0305. Document ID No.: EPA-HQ-OPP-2010-0305-0012.
15. EPA. OPP. Minimum Risk Products Registered with States with
Publicly Searchable Databases (AL, AK, AZ, CO, IA, LA, MS, NH, NC, OK,
RI, SC, SD, and WA). (2010). Docket ID No.: EPA-HQ-OPP-2010-0305.
Document ID No.: EPA-HQ-OPP-2010-0305-0013.
16. EPA. OPP. Products Located Through EPA Query of Nielson Company
Scanner Data + Walmart Customer Panel Surveys. (2008). Docket ID No.:
EPA-HQ-OPP-2010-0305. Document ID No.: EPA-HQ-OPP-2010-0305-0014.
17. EPA. OPP. Supporting Statement for an Information Collection
Request (ICR): Labeling Change for Certain Minimum Risk Pesticides
under FIFRA Section 25(b). (2012). Docket ID No.: EPA-HQ-OPP-2010-0305.
Document ID No.: EPA-HQ-OPP-2010-0305-0015.
18. Small Entity Representative (SER) comments from 2009 SBREFA
Panel, for minimum risk insect repellents proposed rule. Docket ID No.:
EPA-HQ-OPP-2010-0305. Document ID No.: EPA-HQ-OPP-2010-0305-0016.
VIII. FIFRA Review Requirements
Under FIFRA section 25(a), EPA submitted a draft of the proposed
rule to the Secretary of the Department of Agriculture (USDA) and the
appropriate Congressional Committees. Additionally, under FIFRA section
21(b), EPA submitted a draft of the proposed rule to the Secretary of
the Department of Health and Human Services (HHS). No comments were
received regarding this proposed rule. USDA waived its review of the
draft proposed rule on December 19, 2011, and HHS waived its review of
the draft proposed rule on February 2, 2012. Both USDA and HHS have
retained the right to review a draft of the final rule.
Under FIFRA section 25(d), EPA submitted a draft of the proposed
rule to the Scientific Advisory Panel (SAP). The SAP waived its
scientific review of the proposed rule on January 4, 2012, because the
proposed rule does not contain scientific issues that warrant review by
the Panel.
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'') under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and was
not therefore submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 and 13563 (76 FR 3821, January
21, 2011).
B. Paperwork Reduction Act (PRA)
The information collection requirements in this proposed rule have
been submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et
seq. The Information Collection Request (ICR) document prepared by EPA
has been assigned EPA ICR No. 2475.01; and OMB Control No. 2070-tbd,
entitled ``Labeling Change for Certain Minimum Risk Pesticides under
FIFRA Section 25(b)''.
The information collection requirements in this proposed rule
consist of proposed changes to existing requirements that would involve
the relabeling of products currently exempt under 40 CFR 152.25(f) in
order to list chemical names in the format EPA proposes to require. The
proposed change would be a one-time burden increase for existing
products. The estimated annual respondent burden for this rule-related
collection is estimated to be 5.5 hours per response, for a total one-
time burden of 6,369 hours. Burden is defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA asks that you use the public docket
established for this rule, i.e., Docket ID No. EPA-HQ-OPP-2010-0305.
Submit any comments related to the ICR to EPA and OMB. For EPA, follow
the instructions in the ADDRESSES section at the beginning of this
document. For OMB, send comments to the following address: Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after December 31, 2012, a comment to OMB is
best assured of having its full effect if OMB receives it by January
30, 2013. EPA will consider comments on the ICR as it develops the
final rule, and will respond in the final rule to any OMB or public
comments on the information collection requirements contained in this
proposal.
C. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601 et seq., generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act, 5 U.S.C. 551-553, or any other statute unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as:
1. A small business as defined by the Small Business
Administration's (SBA)
[[Page 76989]]
regulations at 13 CFR 121.201. As indicated in the Cost Analysis
prepared for this proposed rule (Ref. 14), which is summarized in Unit
V.E., most firms in the minimum risk pesticide industry are identified
under NAICS code 325. A small business that manufactures pesticides and
other agricultural chemicals as defined by NAICS code 325 has 500 or
fewer employees based on the SBA standards.
2. A small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000. This proposed rule is not expected to
impact any governmental jurisdictions.
3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
This proposed rule is not expected to impact any not-for-profit
entities.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The factual
basis for the Agency's determination is presented in the small entity
impact analysis prepared as part of the Cost Analysis for this proposed
rule (Ref. 14) that is summarized in Unit V.E., and a copy of which is
available in the docket at http://www.regulations.gov. The following is
a brief summary of the factual basis for this certification.
EPA has determined that this rulemaking does not impact any small
governmental jurisdictions or any small not-for-profit enterprise
because these entities are rarely producers of pesticide products. As
such, EPA assessed the impacts on small businesses.
EPA determined that for the minimum risk pesticide industry, there
are 97 small firms (out of the total 192), accounting for approximately
51% of the industry. EPA estimated the impacts on small firms in two
ways. The first analysis estimated the impacts of the proposed rule on
small firms by measuring the cost of the rule as a percent of the
average small business annual revenue. These average small business
impacts are presented in Table 6.
Table 6--Small Business Impacts Based on Average Revenues
----------------------------------------------------------------------------------------------------------------
Average cost Average cost Impact (% of
Rule implementation period per SKU per firm gross revenue)
----------------------------------------------------------------------------------------------------------------
Immediate....................................................... $6,306 $36,189 1.3
With 2 years to change labels................................... 2,550 14,634 0.5
With 3 years to change labels................................... 672 3,857 0.1
----------------------------------------------------------------------------------------------------------------
However, this average revenues analysis may not account for the
realities of very small firms. To account for the impacts on very small
firms, i.e., those with sales of less than $500K, EPA performed a
refined analysis that divided each individual firm's relabeling cost by
that firm's sales revenue. Additionally, a lower labeling cost was
assumed for very small firms. These impacts are presented in Table 7.
Table 7--Small Business Impacts--Refined Analysis
------------------------------------------------------------------------
Impact (% of annual
gross revenue)
Rule implementation period -------------------------
>= 1% >= 3%
------------------------------------------------------------------------
Immediate..................................... 64 (62) 21 (21)
With 2 years to change labels................. 27 (26) 9 (9)
With 3 years to change labels................. 7 (7) 0 (0)
------------------------------------------------------------------------
With a 2-year compliance period, 26 small firms (or 27% of all
small firms) are likely to experience an economic impact of 1% or more
of gross sales, and nine small firms (9% of all small firms) may incur
impacts greater than or equal to 3% of gross sales. The selection of
the 2-year compliance period was also based on information obtained in
2009, from a group of small manufacturers of minimum risk insect
repellents. These small manufacturers, in comments submitted to EPA,
indicated that they would need 2 years to re-label their products to
avoid significant costs (Ref. 18). By providing a 2-year transition
period (2 years from the effective date of the final rule), most
companies would be able to incorporate the changes proposed in this
document into their regularly planned label updates, and sell any
products with older labels, thus reducing the cost and burden of the
proposed changes to the exemption.
EPA is particularly interested in receiving comment from small
businesses as to the benefits, costs and impacts of this proposed rule.
Any comments should be submitted to the Agency in the manner specified
under ADDRESSES.
D. Unfunded Mandates Reform Act (UMRA)
Title II of UMRA, 2 U.S.C. 1531-1538, establishes requirements for
Federal agencies, unless otherwise prohibited by law, to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. This proposed rule does not contain
a Federal mandate that may result in expenditures of $100 million or
more for state, local and tribal governments, in the aggregate, or for
the private sector in any 1 year. This proposed rule is unlikely to
affect state, local, and tribal governments at all, because no minimum
risk pesticide products have been found to be produced by any state,
local, or tribal governments. As summarized previously, under an
implementation period of 2 years, the estimated industry total costs
for the one-time relabeling proposed in this rule is about $3 million.
Thus, this proposed rule is not subject to the requirements of UMRA
sections 202 or 205. This rule is also not subject to the requirements
of UMRA section 203, because it contains no regulatory requirements
that might significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
This rule does not have federalism implications because it will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
As indicated previously, there are no known instances where a state or
local government is currently the producer of a minimum risk pesticide
currently exempt from regulation. Thus, Executive Order 13132 does not
apply to this action.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communication between EPA, and state and local
governments, EPA did consult with representatives of state and local
governments in developing
[[Page 76990]]
this action. These consultations were conducted during the September
2010 meeting of the State-FIFRA Issues Research and Evaluation Group
(SFIREG), two meetings of the Pesticide Regulatory Education Program
(PREP) (July 2010 and April 2011) and a separate telephone conference
with state pesticide regulators held on February 16, 2010.
Although these proposed changes would not have substantial direct
effects on the states, they may indirectly affect states in two ways.
First, the states that register minimum risk pesticide products may
determine that they need to re-evaluate those registrations, since
companies selling products claiming to be exempt from EPA registration
would have to adopt the new label requirements, and demonstrate that
compliance to any states in which they register. However, since most
states that register minimum risk products require a new registration
every year, little or no extra burden on state pesticide registration
services is anticipated as a result of the changes at the Federal
level. Second, there may be an improvement in the efficiency of state
pesticide inspections, since the proposed changes would make it easier
and faster for inspectors to identify which unregistered pesticide
products contain ingredients that comply with the minimum risk
exemption. This would positively affect all states, including those
that do not register minimum risk pesticide products.
EPA specifically solicits comment on this proposed rule from state
and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule does not have tribal implications because it
will not have substantial direct effects on Indian Tribes, will not
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000). As indicated previously, there are no known
instances where a tribal government is currently the producer of a
minimum risk pesticide currently exempt from regulation. Thus,
Executive Order 13175 does not apply to this proposed rule. EPA
specifically solicits comment on this proposed rule from tribal
officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997),
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045, because it is not an
``economically significant regulatory action'' as defined in Executive
Order 12866, and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. This proposed rule does not involve
an environmental standard that is intended to have a negatively
disproportionate effect on children. To the contrary, this proposed
rule is intended to provide added protection to children by requiring
clearer and more transparent information on the labels of exempted
pesticide products.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of NTTAA, 15 U.S.C. 272 note, directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
any technical standards. Therefore, EPA did not consider the use of any
voluntary consensus standards. EPA invites comment on its conclusion
regarding the applicability of voluntary consensus standards to this
rulemaking.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
the Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations, because it is expected
to increase the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority or low-income population. This proposed rule only impacts
minimum risk pesticide products, and, once final, may have positive
impacts for all communities, since the rule provides increased
information for consumers considering the use of pesticides. This
proposed action, which would improve clarity on product labels, will
enable all users, regardless of economic status, to become more
informed about the substances they may be interested in using as
pesticides.
List of Subjects in 40 CFR Part 152
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 13, 2012.
Lisa Jackson,
Administrator.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 152--[AMENDED]
1. The authority citation for part 152 continues to read as
follows:
Authority: 7 U.S.C. 136-136y; subpart U is also issued under 31
U.S.C. 9701.
2. Section 152.25 is amended by revising paragraph (f) to read as
follows:
Sec. 152.25 Exemptions for pesticides of a character not requiring
FIFRA regulation.
* * * * *
[[Page 76991]]
(f) Minimum risk pesticides. (1) Products containing the following
active ingredients are exempt from the requirements of FIFRA, alone or
in combination with other substances listed in this paragraph, provided
that all of the criteria of this section are met. All listed active
ingredients may be used in non-food use products. Under section 408 of
the Federal Food, Drug, and Cosmetic Act and EPA implementing
regulations at part 180 of this chapter, products intended for use on
food or animal feed can only include active ingredients with applicable
tolerances or tolerance exemptions in part 180 of this chapter. Such
tolerances or exemptions may be found, for example, in Sec. Sec.
180.950, 180.1071, 180.1233, and 180.1251 of this chapter.
----------------------------------------------------------------------------------------------------------------
Label display name Chemical name Specifications CAS Reg. No.
----------------------------------------------------------------------------------------------------------------
Castor oil......................... Castor oil............ United States 8001-79-4
Pharmacopeia (USP)
standard.
Cedar oil.......................... Cedar oil............. ...................... 8000-27-9
Cedar oil.......................... Cedar oil............. ...................... 68990-83-0
Cedar oil.......................... Cedar oil............. ...................... 85085-29-6
Cinnamon........................... Food: N/A............. ...................... Food: N/A
Cinnamon oil....................... Cinnamon oil.......... USP................... 8015-91-6
Citric acid........................ 2-Hydroxypropane-1,2,3- USP................... 77-92-9
tricarboxylic acid.
Citronella......................... N/A................... ...................... N/A
Citronella oil..................... Citronella oil........ ...................... 8000-29-1
Cloves............................. Food: N/A............. ...................... Food: N/A
Clove oil.......................... Clove oil............. USP................... 8000-34-8
Corn gluten meal................... Corn gluten........... ...................... 66071-96-3
Corn oil........................... Corn oil.............. USP................... 8001-30-7
Cottonseed oil..................... Cottonseed oil........ USP................... 8001-29-4
Dried blood........................ N/A................... ...................... 68991-49-9
Eugenol............................ 4-Allyl-2- USP................... 97-53-0
methoxyphenol.
Garlic............................. Food: N/A............. ...................... Food: N/A
Garlic oil......................... Garlic oil............ USP................... 8000-78-0
Geraniol........................... (2E)-3,7-Dimethylocta- USP................... 106-24-1
2,6-dien-1-Ol.
Geranium oil....................... Geranium oil.......... USP................... 8000-46-2
Lauryl sulfate..................... Lauryl sulfate........ ...................... 151-41-7
Lemongrass oil..................... Lemongrass oil........ USP................... 8007-02-1
Linseed oil........................ Linseed oil........... ...................... 8001-26-1
Malic acid......................... 2-Hydroxybutanedioic USP................... 6915-15-7
acid.
Mint............................... Food: N/A............. ...................... Food: N/A
Mint oil........................... Mint oil.............. USP................... 68917-18-0
Peppermint......................... Food: N/A............. ...................... Food: N/A
Peppermint oil..................... Peppermint oil........ USP................... 8006-90-4
2-Phenylethyl propionate........... 2-Phenylethyl ...................... 122-70-3
propionate.
Potassium sorbate.................. Potassium (2E,4E)-hexa- USP................... 24634-61-5
2,4-Dienoate.
Putrescent whole egg solids........ Putrescent whole egg ...................... 51609-52-0
solids.
Rosemary........................... Food: N/A............. ...................... Food: N/A
Rosemary oil....................... Rosemary oil.......... USP................... 8000-25-7
Sesame............................. Food: N/A............. ...................... Food: N/A
Sesame oil......................... Sesame oil............ ...................... 8008-74-0
Sodium lauryl sulfate.............. Sulfuric acid USP................... 151-21-3
monododecyl ester,
sodium salt.
Soybean oil........................ Soybean oil........... USP................... 8001-22-7
Thyme.............................. Food: N/A............. ...................... Food: N/A
Thyme oil.......................... Thyme oil............. USP................... 8007-46-3
White pepper....................... Food: N/A............. ...................... Food: N/A
Zinc............................... Zinc.................. Zinc metal strips 7440-66-6
(consisting solely of
zinc metal and
impurities).
----------------------------------------------------------------------------------------------------------------
(2) Permitted inert ingredients. A pesticide product exempt under
paragraph (f)(1) of this section may only include the inert ingredients
listed in paragraphs (f)(2)(i) through (iv) of this section.
(i) Commonly consumed food commodities as described in Sec.
180.950(a) of this chapter.
(ii) Animal feed items as described in Sec. 180.950(b) of this
chapter.
(iii) Edible fats and oils as described in Sec. 180.950(c) of this
chapter.
(iv) Specific chemical substances, as listed in the following
table.
------------------------------------------------------------------------
Label display name Chemical name CAS Reg. No.
------------------------------------------------------------------------
Acetyl tributyl citrate..... Citric acid, 2- 77-90-7
(acetyloxy)-,
tributyl ester.
Agar........................ Agar................ 9002-18-0
Almond hulls................ Almond hulls........ N/A
Almond shells............... Almond shells....... N/A
alpha-Cyclodextrin.......... alpha-Cyclodextrin.. 10016-20-3
Aluminatesilicate........... Aluminatesilicate... 1327-36-2
Aluminum magnesium silicate. Silicic acid, 1327-43-1
aluminum magnesium
salt.
[[Page 76992]]
Aluminum potassium sodium Silicic acid, 12736-96-8
silicate. aluminum potassium
sodium salt.
Aluminum silicate........... Aluminum silicate... 1335-30-4
Aluminum sodium silicate.... Silicic acid, 1344-00-9
aluminum sodium
salt.
Aluminum sodium silicate Silicic acid (H4 12003-51-9
(1:1:1). SiO4 ), aluminum
sodium salt (1:1:1).
Ammonium benzoate........... Benzoic acid, 1863-63-4
ammonium salt.
Ammonium stearate........... Octadecanoic acid, 1002-89-7
ammonium salt.
Amylopectin, acid- Amylopectin, acid- 113894-85-2
hydrolyzed, 1- hydrolyzed, 1-
octenylbutanedioate. octenylbutanedioate.
Amylopectin, hydrogen 1- Amylopectin, 125109-81-1
octadecenylbutanedioate. hydrogen 1-
octadecenylbutanedi
oate.
Animal glue................. Animal glue......... N/A
Ascorbyl palmitate.......... Ascorbyl palmitate.. 137-66-6
Attapulgite-type clay....... Attapulgite-type 12174-11-7
clay.
Beeswax..................... Beeswax............. 8012-89-3
Bentonite................... Bentonite........... 1302-78-9
Bentonite, sodian........... Bentonite, sodian... 85049-30-5
beta-Cyclodextrin........... beta-Cyclodextrin... 7585-39-9
Bone meal................... Bone meal........... 68409-75-6
Bran........................ Bran................ N/A
Bread crumbs................ Bread crumbs........ N/A
(+)-Butyl lactate........... Lactic acid, n-butyl 34451-19-9
ester, (S).
Butyl lactate............... Lactic acid, n-butyl 138-22-7
ester.
Butyl stearate.............. Octadecanoic acid, 123-95-5
butyl ester.
Calcareous shale............ Calcareous shale.... N/A
Calcite (Ca(CO3 )).......... Calcite (Ca(CO3 )).. 13397-26-7
Calcium acetate............. Calcium acetate..... 62-54-4
Calcium acetate monohydrate. Acetic acid, calcium 5743-26-0
salt, monohydrate.
Calcium benzoate............ Benzoic acid, 2090-05-3
calcium salt.
Calcium carbonate........... Calcium carbonate... 471-34-1
Calcium citrate............. Citric acid, calcium 7693-13-2
salt.
Calcium octanoate........... Calcium octanoate... 6107-56-8
Calcium oxide silicate...... Calcium oxide 12168-85-3
silicate (Ca3
O(SiO4)).
Calcium silicate............ Silicic acid, 1344-95-2
calcium salt.
Calcium stearate............ Octadecanoic acid, 1592-23-0
calcium salt.
Calcium sulfate............. Calcium sulfate..... 7778-18-9
Calcium sulfate dihydrate... Calcium sulfate 10101-41-4
dihydrate.
Calcium sulfate hemihydrate. Calcium sulfate 10034-76-1
hemihydrate.
Canary seed................. Canary seed......... N/A
Carbon...................... Carbon.............. 7440-44-0
Carbon dioxide.............. Carbon dioxide...... 124-38-9
Carboxymethyl cellulose..... Cellulose, 9000-11-7
carboxymethyl ether.
Cardboard................... Cardboard........... N/A
Carnauba wax................ Carnauba wax........ 8015-86-9
Carob gum................... Locust bean gum..... 9000-40-2
Carrageenan................. Carrageenan......... 9000-07-1
Caseins..................... Caseins............. 9000-71-9
Castor oil.................. Castor oil.......... 8001-79-4
Castor oil, hydrogenated.... Castor oil, 8001-78-3
hydrogenated.
Cat food.................... Cat food............ N/A
Cellulose................... Cellulose........... 9004-34-6
Cellulose acetate........... Cellulose acetate... 9004-35-7
Cellulose, mixture with Cellulose, mixture 51395-75-6
cellulose carboxymethyl with cellulose
ether, sodium salt. carboxymethyl
ether, sodium salt.
Cellulose, pulp............. Cellulose, pulp..... 65996-61-4
Cellulose, regenerated...... Cellulose, 68442-85-3
regenerated.
Cheese...................... Cheese.............. N/A
Chlorophyll a............... Chlorophyll a....... 479-61-8
Chlorophyll b............... Chlorophyll b....... 519-62-0
Citric acid................. Citric acid......... 77-92-9
Citric acid, monohydrate.... Citric acid, 5949-29-1
monohydrate.
Citrus meal................. Citrus meal......... N/A
Citrus pectin............... Citrus pectin....... 9000-69-5
Citrus pulp................. Citrus pulp......... 68514-76-1
Clam shells................. Clam shells......... N/A
Cocoa....................... Cocoa............... 8002-31-1
Cocoa shell flour........... Cocoa shell flour... N/A
Cocoa shells................ Cocoa shells........ N/A
Cod-liver oil............... Cod-liver oil....... 8001-69-2
Coffee grounds.............. Coffee grounds...... 68916-18-7
Cookies..................... Cookies............. N/A
Cork........................ Cork................ 61789-98-8
Corn cobs................... Corn cobs........... N/A
Cotton...................... Cotton.............. N/A
Cottonseed meal............. Cottonseed meal..... 68424-10-2
Cracked wheat............... Cracked wheat....... N/A
Decanoic acid, monoester Decanoic acid, 26402-22-2
with 1,2,3- propanetriol. monoester with
1,2,3- propanetriol.
[[Page 76993]]
Dextrins.................... Dextrins............ 9004-53-9
Diglyceryl monooleate....... 9-Octadecenoic acid, 49553-76-6
ester with 1,2,3-
propanetriol.
Diglyceryl monostearate..... 9-Octadecanoic acid, 12694-22-3
monoester with
oxybis(propanediol).
Dilaurin.................... Dodecanoic acid, 27638-00-2
diester with 1,2,3-
propanetriol.
Dipalmitin.................. Hexadecanoic acid, 26657-95-4
diester with 1,2,3-
propanetriol.
Dipotassium citrate......... Citric acid, 3609-96-9
dipotassium salt.
Disodium citrate............ Citric acid, 144-33-2
disodium salt.
Disodium sulfate............ Disodium sulfate 7727-73-3
decahydrate.
Diatomaceous earth.......... Kieselguhr; 61790-53-2
Diatomite.
Dodecanoic acid, monoester Dodecanoic acid, 27215-38-9
with 1,2,3- propanetriol. monoester with
1,2,3- propanetriol.
Dolomite.................... Dolomite............ 16389-88-1
Douglas fir bark............ Douglas fir bark.... N/A
Egg shells.................. Egg shells.......... N/A
Eggs........................ Eggs................ N/A
(+)-Ethyl lactate........... Lactic acid, ethyl 687-47-8
ester, (S).
Ethyl lactate............... Lactic acid, ethyl 97-64-3
ester.
Feldspar.................... Feldspar............ 68476-25-5
Fish meal................... Fish meal........... N/A
Fish oil.................... Fish oil............ 8016-13-5
Fuller's earth.............. Fuller's earth...... 8031-18-3
Fumaric acid................ Fumaric acid........ 110-17-8
gamma-Cyclodextrin.......... gamma-Cyclodextrin.. 17465-86-0
Gelatins.................... Gelatins............ 9000-70-8
Gellan gum.................. Gellan gum.......... 71010-52-1
Glue (as depolymd. animal Glue (as depolymd. 68476-37-9
collagen). animal collagen).
Glycerin.................... 1,2,3-Propanetriol.. 56-81-5
Glycerol monooleate......... 9-Octadecenoic acid 111-03-5
(Z)-, 2,3-
dihydroxypropyl
ester.
Glyceryl dicaprylate........ Octanoic acid, 36354-80-0
diester with 1,2,3-
propanetriol.
Glyceryl dimyristate........ Tetradecanoic acid, 53563-63-6
diester with 1,2,3-
propanetriol.
Glyceryl dioleate........... 9-Octadecenoic acid 25637-84-7
(9Z)-, diester with
1,2,3-propanetriol.
Glyceryl distearate......... Glyceryl distearate. 1323-83-7
Glyceryl monomyristate...... Tetradecanoic acid, 27214-38-6
monoester with
1,2,3-propanetriol.
Glyceryl monooctanoate...... Octanoic acid, 26402-26-6
monoester with
1,2,3-propanetriol.
Glyceryl monooleate......... 9-Octadecenoic acid 25496-72-4
(9Z)-, monoester
with 1,2,3-
propanetriol.
Glyceryl monostearate....... Octadecanoic acid, 31566-31-1
monoester with
1,2,3-propanetriol.
Glyceryl stearate........... Octadecanoic acid, 11099-07-3
ester with 1,2,3-
propanetriol.
Granite..................... Granite............. N/A
Graphite.................... Graphite............ 7782-42-5
Guar gum.................... Guar gum............ 9000-30-0
Gum Arabic.................. Gum arabic.......... 9000-01-5
Gum tragacanth.............. Gum tragacanth...... 9000-65-1
Gypsum...................... Gypsum.............. 13397-24-5
Hematite (Fe2O3)............ Hematite (Fe2O3).... 1317-60-8
Humic acid.................. Humic acid.......... 1415-93-6
Hydrogenated cottonseed oil. Hydrogenated 68334-00-9
cottonseed oil.
Hydrogenated rapeseed oil... Hydrogenated 84681-71-0
rapeseed oil.
Hydrogenated soybean oil.... Hydrogenated soybean 8016-70-4
oil.
Hydroxyethyl cellulose...... Cellulose, 2- 9004-62-0
hydroxyethyl ether.
Hydroxypropyl cellulose..... Cellulose, 2- 9004-64-2
hydroxypropyl ether.
Hydroxypropyl methyl Cellulose, 2- 9004-65-3
cellulose. hydroxypropyl
methyl ether.
Iron magnesium oxide........ Iron magnesium oxide 12068-86-9
(Fe2 MgO4 ).
Ferric oxide................ Iron oxide (Fe2 O3 ) 1309-37-1
Iron oxide (Fe2 O3 ), Iron oxide (Fe2 O3 12259-21-1
hydrate. ), hydrate.
Iron oxide (Fe3 O4 )........ Iron oxide (Fe3 O4 ) 1317-61-9
Ferric oxide................ Iron oxide (FeO).... 1345-25-1
Isopropyl alcohol........... 2-Propanol.......... 67-63-0
Isopropyl myristate......... Isopropyl myristate. 110-27-0
Kaolin...................... Kaolin.............. 1332-58-7
Lactose..................... Lactose............. 63-42-3
Lactose monohydrate......... Lactose monohydrate. 64044-51-5
Lanolin..................... Lanolin............. 8006-54-0
Latex rubber................ Latex rubber........ N/A
Lauric acid................. Lauric acid......... 143-07-7
Lecithins................... Lecithins........... 8002-43-5
Licorice extract............ Licorice extract.... 68916-91-6
Lime (chemical) dolomitic... Lime (chemical) 12001-27-3
dolomitic.
Limestone................... Limestone........... 1317-65-3
Linseed oil................. Linseed oil......... 8001-26-1
Magnesium carbonate......... Carbonic acid, 546-93-0
magnesium salt
(1:1).
Magnesium benzoate.......... Magnesium benzoate.. 553-70-8
Magnesium oxide............. Magnesium oxide..... 1309-48-4
Magnesium oxide silicate.... Magnesium oxide 12207-97-5
silicate (Mg3 O(Si2
O5 )2 ),
monohydrate.
Magnesium silicate.......... Magnesium silicate.. 1343-88-0
Magnesium silicate hydrate.. Magnesium silicate 1343-90-4
hydrate.
[[Page 76994]]
Magnesium silicon oxide..... Magnesium silicon 14987-04-3
oxide (Mg2 Si3 O8 ).
Magnesium stearate.......... Octadecanoic acid, 557-04-0
magnesium salt.
Magnesium sulfate........... Magnesium sulfate... 7487-88-9
Magnesium sulfate Magnesium sulfate 10034-99-8
heptahydrate. heptahydrate.
Malic acid.................. Malic acid.......... 6915-15-7
Malt extract................ Malt extract........ 8002-48-0
Malt flavor................. Malt flavor......... N/A
Maltodextrin................ Maltodextrin........ 9050-36-6
Methylcellulose............. Cellulose, methyl 9004-67-5
ether.
Mica........................ Mica................ 12003-38-2
Mica-group minerals......... Mica-group minerals. 12001-26-2
Milk........................ Milk................ 8049-98-7
Millet seed................. Millet seed......... N/A
Mineral oil (U.S.P.)........ Mineral oil (U.S.P.) 8012-95-1
1-Monolaurin................ Dodecanoic acid, 2,3- 142-18-7
dihydroxypropyl
ester.
1-Monomyristin.............. Tetradecanoic acid, 589-68-4
2,3-dihydroxypropyl
ester.
Monomyristin................ Decanoic acid, 53998-07-1
diester with 1,2,3-
propanetriol.
Monopalmitin................ Hexadecanoic acid, 26657-96-5
monoester with
1,2,3-propanetriol.
Monopotassium citrate....... Citric acid, 866-83-1
monopotassium salt.
Monosodium citrate.......... Citric acid, 18996-35-5
monosodium salt.
Montmorillonite............. Montmorillonite..... 1318-93-0
Myristic acid............... Myristic acid....... 544-63-8
Nepheline syenite........... Nepheline syenite... 37244-96-5
Nitrogen.................... Nitrogen............ 7727-37-9
Nutria meat................. Nutria meat......... N/A
Nylon....................... Nylon............... N/A
Octanoic acid, potassium Octanoic acid, 764-71-6
salt. potassium salt.
Octanoic acid, sodium salt.. Octanoic acid, 1984-06-1
sodium salt.
Oils, almond................ Oils, almond........ 8007-69-0
Oils, wheat................. Oils, wheat......... 68917-73-7
Oleic acid.................. Oleic acid.......... 112-80-1
Oyster shells............... Oyster shells....... N/A
Palm oil.................... Palm oil............ 8002-75-3
Palm oil, hydrogenated...... Palm oil, 68514-74-9
hydrogenated.
Palmitic acid............... Hexadecanoic acid... 57-10-3
Paper....................... Paper............... N/A
Paraffin wax................ Paraffin wax........ 8002-74-2
Peanut butter............... Peanut butter....... N/A
Peanut shells............... Peanut shells....... N/A
Peanuts..................... Peanuts............. N/A
Peat moss................... Peat moss........... N/A
Pectin...................... Pectin.............. 9000-69-5
Perlite..................... Perlite............. 130885-09-5
Perlite, expanded........... Perlite, expanded... 93763-70-3
Plaster of paris............ Plaster of paris.... 26499-65-0
Polyethylene................ Polyethylene........ 9002-88-4
Polyglyceryl oleate......... Polyglyceryl oleate. 9007-48-1
Polyglyceryl stearate....... Polyglyceryl 9009-32-9
stearate.
Potassium acetate........... Acetic acid, 127-08-2
potassium salt.
Potassium aluminum silicate, Potassium aluminum 1327-44-2
anhydrous. silicate, anhydrous.
Potassium benzoate.......... Benzoic acid, 582-25-2
potassium salt.
Potassium bicarbonate....... Carbonic acid, 298-14-6
monopotassium salt.
Potassium chloride.......... Potassium chloride.. 7447-40-7
Potassium citrate........... Citric acid, 7778-49-6
potassium salt.
Potassium humate............ Humic acids, 68514-28-3
potassium salts.
Potassium myristate......... Tetradecanoic acid, 13429-27-1
potassium salt.
Potassium oleate............ 9-Octadecenoic acid 143-18-0
(9Z)-, potassium
salt.
Potassium ricinoleate....... 9-Octadecenoic acid, 7492-30-0
12-hydroxy-,
monopotassium salt,
(9Z, 12R)-.
Potassium sorbate........... Sorbic acid, 24634-61-5
potassium salt.
Potassium stearate.......... Octadecanoic acid, 593-29-3
potassium salt.
Potassium sulfate........... Potassium sulfate... 7778-80-5
Potassium sulfate........... Sulfuric acid, 7646-93-7
monopotassium salt.
1,2-Propylene carbonate..... 1,3-Dioxolan-2-one, 108-32-7
4-methyl-.
Pumice...................... Pumice.............. 1332-09-8
Red cabbage color........... Red cabbage color N/A
(expressed from
edible red cabbage
heads via a
pressing process
using only
acidified water).
Red cedar chips............. Red cedar chips..... N/A
Red dog flour............... Red dog flour....... N/A
Rubber...................... Rubber.............. 9006-04-6
Sawdust..................... Sawdust............. N/A
Shale....................... Shale............... N/A
Silica, amorphous, fumed Silica, amorphous, 112945-52-5
(crystalline free). fumed (crystalline
free).
Silica, amorphous, Silica, amorphous, 7699-41-4
precipitate and gel. precipitate and gel.
[[Page 76995]]
Silica (crystalline free)... Silica (crystalline 7631-86-9
free).
Silica gel.................. Silica gel.......... 63231-67-4
Silica gel, precipitated, Silica gel, 112926-00-8
crystalline-free. precipitated,
crystalline-free.
Silica, hydrate............. Silica, hydrate..... 10279-57-9
Silica, vitreous............ Silica, vitreous.... 60676-86-0
Silicic acid (H2 SiO3 ), Silicic acid (H2 13776-74-4
magnesium salt (1:1). SiO3 ), magnesium
salt (1:1).
Soap........................ Soap (The water N/A
soluble sodium or
potassium salts of
fatty acids
produced by either
the saponification
of fats and oils,
or the
neutralization of
fatty acid).
Soapbark.................... Quillaja saponin.... 1393-03-9
Soapstone................... Soapstone........... 308076-02-0
Sodium acetate.............. Acetic acid, sodium 127-09-3
salt.
Sodium alginate............. Sodium alginate..... 9005-38-3
Sodium benzoate............. Benzoic acid, sodium 532-32-1
salt.
Sodium bicarbonate.......... Sodium bicarbonate.. 144-55-8
Sodium carboxymethyl Cellulose, 9004-32-4
cellulose. carboxymethyl
ether, sodium salt.
Sodium chloride............. Sodium chloride..... 7647-14-5
Sodium citrate.............. Sodium citrate...... 994-36-5
Sodium humate............... Humic acids, sodium 68131-04-4
salts.
Sodium oleate............... Sodium oleate....... 143-19-1
Sodium ricinoleate.......... 9-Octadecenoic acid, 5323-95-5
12-hydroxy-,
monosodium salt,
(9Z,12R)-.
Sodium stearate............. Octadecanoic acid, 822-16-2
sodium salt.
Sodium sulfate.............. Sodium sulfate...... 7757-82-6
Sorbitol.................... D-glucitol.......... 50-70-4
Soy protein................. Soy protein......... N/A
Soya lecithins.............. Lecithins, soya..... 8030-76-0
Soybean hulls............... Soybean hulls....... N/A
Soybean meal................ Soybean meal........ 68308-36-1
Soybean, flour.............. Soybean, flour...... 68513-95-1
Stearic acid................ Octadecanoic acid... 57-11-4
Sulfur...................... Sulfur.............. 7704-34-9
Syrups, hydrolyzed starch, Syrups, hydrolyzed 68425-17-2
hydrogenated. starch,
hydrogenated.
Tetragylceryl monooleate.... 9-Octadecenoic acid 71012-10-7
(9Z)-, monoester
with tetraglycerol.
Tricalcium citrate.......... Citric acid, calcium 813-94-5
salt (2:3).
Triethyl citrate............ Citric acid, 77-93-0
triethyl ester.
Tripotassium citrate........ Citric acid, 866-84-2
tripotassium salt.
Tripotassium citrate Citric acid, 6100-05-6
monohydrate. tripotassium salt,
monohydrate.
Trisodium citrate........... Citric acid, 68-04-2
trisodium salt.
Trisodium citrate dehydrate. Citric acid, 6132-04-3
trisodium salt,
dehydrate.
Trisodium citrate Citric acid, 6858-44-2
pentahydrate. trisodium salt,
pentahydrate.
Ultramarine blue............ C.I. Pigment Blue 29 57455-37-5
Urea........................ Urea................ 57-13-6
Vanillin.................... Benzaldehyde, 4- 121-33-5
hydroxy-3-methoxy-.
Vermiculite................. Vermiculite......... 1318-00-9
Vinegar (maximum 8% acetic Vinegar (maximum 8% 8028-52-2
acid in solution). acetic acid in
solution).
Vitamin C................... L-Ascorbic acid..... 50-81-7
Vitamin E................... Vitamin E........... 1406-18-4
Walnut flour................ Walnut flour........ N/A
Walnut shells............... Walnut shells....... N/A
Wheat....................... Wheat............... N/A
Wheat flour................. Wheat flour......... N/A
Wheat germ oil.............. Wheat germ oil...... 8006-95-9
Whey........................ Whey................ 92129-90-3
White mineral oil White mineral oil 8042-47-5
(petroleum). (petroleum).
Wintergreen oil............. Wintergreen oil..... 68917-75-9
Wollastonite................ Wollastonite 13983-17-0
(Ca(SiO3 )).
Wool........................ Wool................ N/A
Xanthan gum................. Xanthan gum......... 11138-66-2
Yeast....................... Yeast............... 68876-77-7
Zeolites.................... Zeolites (excluding 1318-02-1
erionite (CAS Reg.
No. 66733-21-9)).
Zeolites, NaA............... Zeolites, NaA....... 68989-22-0
Zinc iron oxide............. Zinc iron oxide..... 12063-19-3
Zinc oxide.................. Zinc oxide (ZnO).... 1314-13-2
Zinc stearate............... Octadecanoic acid, 557-05-1
zinc salt.
------------------------------------------------------------------------
(3) Other conditions of exemption. All of the following conditions
must be met for products to be exempted under this section:
(i) Each product containing the substance must bear a label
identifying the label display name and percentage (by weight) of each
active ingredient. It must also list all inert ingredients by the label
display name listed in the table in paragraph (f)(2)(iv) of this
section.
(ii) The product must not bear claims either to control or mitigate
microorganisms that pose a threat to
[[Page 76996]]
human health, including but not limited to disease transmitting
bacteria or viruses, or claims to control insects or rodents carrying
specific diseases, including, but not limited to ticks that carry Lyme
disease.
(iii) Company name and contact information.
(A) The name of the producer or the company for whom the product
was produced must appear on the product label. If the company whose
name appears on the label in accordance with this paragraph is not the
producer, the company name must be qualified by appropriate wording
such as ``Packed for * * *,'' ``Distributed by * * *,'' or ``Sold by *
* *'' to show that the name is not that of the producer.
(B) Contact information for the company specified in accordance
with paragraph (f)(3)(iii)(A) of this section must appear on the
product label including the street address plus ZIP code and the
telephone phone number of the location at which the company may be
reached.
(C) The company name and contact information must be displayed
prominently on the product label.
(iv) The product must not include any false and misleading labeling
statements, including those listed in Sec. 156.10(a)(5)(i) through
(viii).
(v) Guidance on minimum risk pesticides is available at http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm (or successor
web pages at http://www.epa.gov). This advisory information includes
guidance on label formats, explanation of when exemptions from the
requirements of a tolerance should be consulted, and tables in
alternative formats that may be suitable for some users.
[FR Doc. 2012-31188 Filed 12-28-12; 8:45 am]
BILLING CODE 6560-50-P