EPA is notifying manufacturers of silver ion generating machines that they will be regulated-but claims this is not an action to regulate nanotechnology. The Agency recently issued a notice in the Federal Register indicating that machines that generate silver ions or other ionic substances for express pesticidal purposes will be regulated as pesticides.

Under the Federal Insecticide, Fungicide and Rodenticide Act, a product that incorporates a substance or mixture of substances to prevent, destroy, repel, or mitigate pests is considered a pesticide and must be registered. However, a product that uses only physical or mechanical means to trap, destroy, repel, or mitigate a pest (including microbial pests), such as a mousetrap, is a device and does not need to be registered. Its production and labeling are regulated.

According to EPA, determinations as to whether a product is a device or pesticide are made on a case-by-case basis. The silver ion generating washing machine is marketed with claims that it will kill bacteria on clothing. Silver is already regulated as a pesticide active ingredient in other registered products.

The Agency said that it has not yet received any information that suggests that this product uses nanotechnology. EPA will evaluate any applications to register this type of equipment according to the same regulatory standards as other pesticides. Again, this notice does not represent an action to regulate nanotechnology.

A summary for manufacturers:

If you distribute or sell such equipment on or before the date of publication of this notice you may continue for 6 months (March 21, 2008).

Any producer or importer of such equipment distributing or selling the equipment on or before the date of publication of this notice who wishes to continue after 6 months may do so only if a prospective registrant has begun the registration process for the equipment by submitting an Application for Pesticide Registration Form (EPA Form No. 8570-1) for the equipment to EPA by March 21, 2008. The application is available here.

Any producer or importer of such equipment distributing or selling the equipment on or before the date of publication of this notice who wishes to continue that distribution or sale after 18 months from the date of publication of this notice may do so only if a prospective registrant has submitted to EPA a completed registration package for the equipment by March 23, 2009, and may continue to distribute or sell such equipment only until such time as EPA acts on the application or the application is withdrawn.

INFO: Contact EPA's Melba S. Morrow at 703-308-2716.