“Low Impact Pesticide”: by definition in the School IPM Act of New Jersey specifically include:
- Certain formulation types: any gel; paste; or bait;
- Antimicrobial agents such as a disinfectant used as a cleaning product;
- Specific active ingredients: boric acid; disodium octoborate tetrahydrate; silica gels and diatomaceous earth; Microbe-based insecticides such as Bacillus thuringiensis; Botanical insecticides, not including synthetic pyrethroids, without toxic synergists; Biological, living control agents; and
- EPA FIFRA-exempt active ingredients and/or inerts (see below). These materials are not registered nor reviewed by EPA in any way. In New Jersey, state pesticide regulations at NJAC 7:30 also recognize these materials as exempt from registration as a pesticide. In both cases, these materials are considered to be of a nature that does not require licensing for application. Some states will have more stringent regulations.
FIFRA-exempt Active Ingredients
In 1996, EPA exempted certain minimum risk pesticides from FIFRA requirements if they satisfy certain conditions. EPA exempted the products described in 40 CFR section 152.25(g), and summarized the exempt materials into 2 appendices in an EPA guidance document titled ‘Pesticide Registration Notice 2000-6; Subject: Minimum Risk Pesticides Exempted under FIFRA Section 25(b); Clarification of Issues. This document is now superceded by EPA’s revision of its minimum risk exemption regulations. These products are referred to as the “minimum risks” or the “25b’s”.
EPA published a final rule that clarifies the list of ingredients eligible for the minimum risk exemption (December 28, 2015). See Eligible Active Ingredients (PDF)(3 pp, 336 K).
It modified the list of accepted active ingredients and added required Chemical Abstract Service (CAS) identifiers. Read the 2015 final rule clarifying minimum risk exemption-eligible ingredients. The product’s active ingredients must only be those that are listed in 40 CFR 152.25(f)(1). They can be used alone or in combination with other substances listed in this paragraph, provided that all of the criteria for minimum risk exemption are met. All of the ingredients (both active and inert) must be listed on the label. The active ingredient(s) must be listed by label display name and percentage by weight. Each inert ingredient must be listed by label display name. The product must not bear claims either to control or mitigate organisms that pose a threat to human health, or insects or rodents carrying specific diseases. The name of the producer or the company for whom the product was produced and the company’s contact information must be displayed prominently on the product label. The label cannot include any false or misleading statements.
FIFRA-exempt Inert Ingredients
The product’s inert ingredients may only be those that have been classified by EPA as:
- Listed in 40 CFR 152.25(f)(2); see Minimum Risk Inert Ingredients (PDF)(11 pp, 462 K, November 16, 2016).
- commonly consumed food commodities, animal feed items, and edible fats and oils as described in 40 CFR 180.950(a), (b), and (c); and
- certain chemical substances listed under 40 CFR 180.950(e).
For further information see 40 CFR 152.25(f).