Cal. Code Regs. tit. 3 § 6147

Current through Register 2024 Notice Reg. No. 23, June 7, 2024

Section 6147 - Exempted Pesticide Products

(a) Manufacturers of, importers of, and dealers in the following pesticide products or classes of pesticide products are exempt from the requirements of Division 7 of the Food and Agricultural Code, provided the pesticide products are exempt pursuant to section 25(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. sec. 136w(b)(2)] :

(1) Pheromones and identical or substantially similar compounds labeled for use only in pheromone traps (or labeled for use in a manner which the Director determines poses no greater risk of adverse effects on the environment than use in pheromone traps), and pheromone traps in which those compounds are the sole active ingredient(s), as specified in 40 Code of Federal Regulations 152.25(b).

(2) Preservatives for biological specimens, including:

(A) Embalming fluids;

(B) Products used to preserve animal or animal organ specimens, in mortuaries, laboratories, hospitals, museums and institutions of learning; and

(C) Products used to preserve the integrity of milk, urine, blood, or other body fluids for laboratory analysis.

(3) Products consisting of foods that are used to attract pests and which contain no active ingredient(s).

(4)

(A) Natural cedar blocks, chips, shavings, balls, chests, drawer liners, paneling, and needles that meet all of the following criteria:

1. The product consists totally of cedarwood or natural cedar.

2. The product is not treated, combined, or impregnated with any additional substance(s).

3. The product bears claims or directions for use solely to repel arthropods other than ticks or to retard mildew, and no additional claims are made in sale or distribution. The labeling must be limited to specific arthropods, or must exclude ticks if any general term such as "arthropods," "insects," "bugs," or any other broad inclusive term is used.

(B) The exemption does not apply to natural cedar products claiming to repel ticks, including cedar oil or formulated products containing cedar oil, other cedar extracts, or ground cedar wood.

(5)

(A) Products containing the following active ingredients alone or in combination with other substances listed in paragraph (5)(A), provided that all the criteria specified in paragraphs (5)(C) and (5)(D) are met:

Castor oil³

Cedarwood oil¹

Cinnamon

Cinnamon oil¹

Citric acid¹

Citronella⁴

Citronella oil⁴

Cloves²

Clove oil^1,2

Corn gluten meal

Corn oil

Cornmint

Cornmint oil¹

Cottonseed oil

Dried blood

Eugenol^1,2

Garlic

Garlic oil¹

Geraniol²

Geranium oil²

Lauryl sulfate¹

Lemongrass oil¹

Linseed oil

Malic acid¹

Peppermint²

Peppermint oil^1,2

2-Phenylethyl propionate¹

Potassium sorbate¹

Putrescent whole egg solids

Rosemary²

Rosemary oil^1,2

Sesame⁵

Sesame oil

Sodium chloride

Sodium lauryl sulfate^1,2

Soybean oil

Spearmint

Spearmint oil¹

Thyme²

Thyme oil^1,2

White pepper¹

Zinc⁶

1 Products containing 8.5% or more of this active ingredient in the formulated product must at a minimum bear the signal word "CAUTION," the phrase "Keep Out of Reach of Children," appropriate precautionary language, and a requirement for appropriate protective eyewear and gloves.

2 Products containing this active ingredient intended for topical application to human skin must at a minimum bear the signal word "CAUTION," the phrase "Keep Out of Reach of Children," a dermal sensitization precautionary statement, a prohibition against application to the hands of children, and use directions requiring adult supervision during application to children.

3 United States Pharmacopeia (U.S.P.) or equivalent

4 Non-topical uses only.

5 Includes ground sesame plant

6 Zinc metal strips (consisting solely of zinc metal and impurities)

(B) Topical use products containing less than or equal to 1% of the following active ingredients alone or in combination with each other provided:

(i) the product label carries as a minimum the signal word "CAUTION," the phrase "Keep Out Of Reach of Children," a dermal sensitization precautionary statement, a prohibition against application to the hands of children, and use directions requiring adult supervision during application to children, and

(ii) all the criteria specified in paragraphs (5)(C) and (5)(D) are met:

Citronella

Citronella oil

(C) A pesticide product exempt under paragraphs (5)(A) and (5)(B) of subsection (a) may include as inert ingredients only those substances listed in the U.S. Environmental Protection Agency's Inert Ingredients Permitted in Minimum Risk Pesticide Products (40 CFR 152.25(f)(2)(iv)) (December 28, 2015), hereby incorporated by reference, and commonly consumed food commodities, animal feed items, and edible fats and oils (40 CFR 180.950(a)-(c)) (May 24, 2002), hereby incorporated by reference.

(D) In addition, all of the following conditions must be met for products to be exempted under subsection (a)(5):

1. Each product containing the substance must bear a label identifying the name and percentage (by weight) of each active ingredient as listed in paragraph 5(A). Each product must also list all inert ingredients by the label display name listed on U.S. EPA's Inert Ingredients Permitted in Minimum Risk Pesticide Products (40 CFR 152.25(f)(2)(iv)).

2. The product must 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.

3. Company name and contact information.

i. 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 [insert name]," "Distributed by [insert name], or "Sold by [insert name]" to show that the name is not that of the producer.

ii. Contact information for the company specified in accordance with paragraph 5(D)(3)(i) of this section must appear on the product label including the street address plus ZIP code and the telephone number of the location at which the company may be reached.

4. The product must not include any false and misleading labeling statements, including those listed in 40 CFR 156.10(a)(5)(i) through (viii).

(b) Whenever the manufacturer of, importer of, or dealer in any product exempted pursuant to this section has factual or scientific evidence of any adverse effect or risk to human health or the environment that has not previously been submitted to the department, the manufacturer, importer, or dealer shall report the evidence to the department within 60 days of learning of the information.

Cal. Code Regs. Tit. 3, § 6147

1. New section filed 4-26-2000; operative 5-26-2000 (Register 2000, No. 17).
2. Change without regulatory effect amending section filed 8-14-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 33).

Note: Authority cited: Sections 11456, 12781 and 12803, Food and Agricultural Code. Reference: Section 12803, Food and Agricultural Code.