EPA Exempt "Pheromone and Pheromone Trap" - EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b)
Tagging you all as it shows that you have helped those with similar EPA Exempt 25(b) Pheromone/Pheromone Trap products. We would greatly appreciate your help escalating these to be reviewed and reinstated:@Glenn_Amazon @Cooper_Amazon @Danny_Amazon
We have recently listed two new product listings that are both classified as EPA Exempt Pheromone/Pheromone Trap under the EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b). Both product listings have been incorrectly deactivated and flagged as “Pesticide or Pesticide Device” products. We currently have a support ticket opened for each of these pheromone trap product ASINs.
Case ID: 15159137941
Case ID: 15117797201
For both ASIN support tickets, we have attached a copy of the EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b), which clearly states Pheromone and Pheromone traps are EPA Exempt pesticide products. We’ve also attached copies of each ASIN’s Safety Data Sheet for review.
The support has repeatedly sent the same response, “After further review, we have determined that this ASIN has been correctly identified as a pesticide or pesticide device that requires an EPA registration or establishment number…”.
We have followed the EPA Exempt products and Amazon's compliance guidelines. Following Amazon’s Compliance guidelines for Exempt Pesticides, we have selected in the product listing field “EPA Registration Number”, then selected “This product qualifies for an exemption…” and left the “Pesticide Certification Number” blank.
Thank you in advance for the help!
EPA Exempt "Pheromone and Pheromone Trap" - EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b)
Tagging you all as it shows that you have helped those with similar EPA Exempt 25(b) Pheromone/Pheromone Trap products. We would greatly appreciate your help escalating these to be reviewed and reinstated:@Glenn_Amazon @Cooper_Amazon @Danny_Amazon
We have recently listed two new product listings that are both classified as EPA Exempt Pheromone/Pheromone Trap under the EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b). Both product listings have been incorrectly deactivated and flagged as “Pesticide or Pesticide Device” products. We currently have a support ticket opened for each of these pheromone trap product ASINs.
Case ID: 15159137941
Case ID: 15117797201
For both ASIN support tickets, we have attached a copy of the EPA’s FIFRA Act Title 40 Chapter I Subchapter E Part 152 Subpart B § 152.25 (b), which clearly states Pheromone and Pheromone traps are EPA Exempt pesticide products. We’ve also attached copies of each ASIN’s Safety Data Sheet for review.
The support has repeatedly sent the same response, “After further review, we have determined that this ASIN has been correctly identified as a pesticide or pesticide device that requires an EPA registration or establishment number…”.
We have followed the EPA Exempt products and Amazon's compliance guidelines. Following Amazon’s Compliance guidelines for Exempt Pesticides, we have selected in the product listing field “EPA Registration Number”, then selected “This product qualifies for an exemption…” and left the “Pesticide Certification Number” blank.
Thank you in advance for the help!
13 replies
Glenn_Amazon
Hi there @Seller_kma4fVoo2sJVx,
I'm sorry you have had difficulties appealing these products. I suspect part of the issue is that you are arguing in your appeal that this product is not a "Pesticide or Pesticide Device" while the product makes pesticide claims. Based on what you are saying here this product is a pesticide that is exempt from registration under FIFRA, such as a Minimum Risk Pesticide.
I would recommend appealing again with your evidence that your product is a Minimum Risk Pesticide rather than claiming your product is not a pesticide. If you have any difficulties with your new appeals please provide your new appeals case IDs and I will escalate as needed. Thank you for your understanding.
-Glenn
Seller_kma4fVoo2sJVx
Hello @Glenn_Amazon, thank you for reviewing our support case! Your help is very much appreciated. It looks like you have previously helped resolve a case for a pheromone trap with the same exact issue as what we are experiencing (https://sellercentral.amazon.com/seller-forums/discussions/t/a1b6452c-a4f8-4252-8f9d-7d0bd99c58fb?postId=95f76aee-7f4f-421b-a411-f8bcd19546eb).
Our two ASINS are EPA exempt pesticide Pheromone/Pheromone Traps. The EPA has made it very clear that pheromone traps are exempt from EPA Registration.
Can you help reach out to Amazon’s internal escalation team for our two case IDs to be reinstated? (Case ID: 15159137941 & Case ID: 15117797201)
In each Case ID history, you can see I have attached the EPA’s FIFRA Title 40 CFR § 152.25 (b). "Exemptions for pesticides of a character not requiring FIFRA regulation(40 CFR 152.25). Treated articles or substances that meet the specific criteria of 40 CFR 152.25(a), pheromones and pheromone traps, preservatives for biological specimens, foods, natural cedar, and certain minimum risk pesticides listed in 40 CFR 152.25(f)(1) and on the OPP Pesticide Tolerances Website are exempt."
Pheromone Traps under 40 CFR § 152.25 (b), although are indeed EPA Exempt, are not the same as Minimum Risk Pesticides under 40 CFR § 152.25 (f).
Pheromone Traps under 40 CFR § 152.25 (b) section (4) pheromone traps:
(b) Pheromones and pheromone traps. Pheromones and identical or substantially similar compounds labeled for use only in pheromone traps (or labeled for use in a manner which the Administrator 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).
(1) For the purposes of this paragraph, a pheromone is a compound produced by an arthropod which, alone or in combination with other such compounds, modifies the behavior of other individuals of the same species.
(2) For the purposes of this paragraph, a synthetically produced compound is identical to a pheromone only when their molecular structures are identical, or when the only differences between the molecular structures are between the stereochemical isomer ratios of the two compounds, except that a synthetic compound found to have toxicological properties significantly different from a pheromone is not identical.
(3) When a compound possesses many characteristics of a pheromone but does not meet the criteria in paragraph (a)(2) of this section, it may, after review by the Agency, be deemed a substantially similar compound.
(4) For the purposes of this paragraph, a pheromone trap is a device containing a pheromone or an identical or substantially similar compound used for the sole purpose of attracting, and trapping or killing, target arthropods. Pheromone traps are intended to achieve pest control by removal of target organisms from their natural environment and do not result in increased levels of pheromones or identical or substantially similar compounds over a significant fraction of the treated area.
Thank you for your help, Glenn! We would be happy to provide Safety Data Sheets, packaging label, and link to the EPA’s FIFRA Title 40 CFR § 152.25 (b) if needed again.
Glenn_Amazon
Hi @Seller_pjFnVBAYc1BNm,
Thank you for reaching out with your concerns with your products. I've reviewed and my recommendations are the same as I provided to @Seller_kma4fVoo2sJVx.
These products are pesticide products in that they make pesticide claims and are subject to Pesticide requirements. If you wish to appeal that your products are a pesticide that is exempt from registration under FIFRA, such as a Minimum Risk Pesticide I would recommend that you provide your evidence and also include 6 sided live image/photos of the product that have the packaging and product label fully visible and legible.
Thank you for your understanding.
-Glenn
