First, let me state clearly: I AM NOT A LAWYER. I'll probably get many things wrong here, and I welcome correction where I am misinterpreting or misreading things.
One or more recent lengthy threads here on R2R regarding the contents of a particular "Liquid Aquarium Cleaner" product has brought up the subject of the EPA and the labeling requirements for "pesticides". That led me to peruse parts of the EPA website, and what I have seen has raised many questions in my mind regarding the possibility that many aquarium products commonly sold openly on the market and used in many aquaria might present a "target rich environment" for the EPA's enforcement division if they were to come under close scrutiny.
So, what, exactly, does the EPA, and more specifically, the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") say a "pesticide" is? The answer to that can be found at the following link, and is written shortly and clearly enough that I'll simply link the page, rather than regurgitate its contents in this post: https://www.epa.gov/minimum-risk-pesticides/what-pesticide
Note that there is no requirement for any particular nasty chemicals to be present in a "pesticide"; it is defined by the intended use of the product, as represented by the claims being made in the labeling and advertizing of the product. In other words, if I were to develop a product that was merely a 5% NaCl solution in pure water, and then tried to market that product as, say, an algaecide, then the way I read the law, I would be in violation for not having registered the product with the EPA, even though it may have zero algaecidal properties whatsoever (in a saltwater aquarium, at least). Here is an example where someone was convicted under the FIFRA where the fundamental issues were the claims that were made about the product together with the failure to register it; the actual efficacy of the product was not at issue: https://tinyurl.com/36n4kdfj
Now, there is a provision for "Minimum Risk Pesticides", which are exempt from the registration requirement: https://www.epa.gov/minimum-risk-pesticides/conditions-minimum-risk-pesticides Note, however, that one of the requirements for this exemption is that the product list all of the active and inert ingredients on the label, and state the concentration by weight of the active ingredients.
I'm not going to mention any specific products, but I will say that several reef aquarium products come immediately to mind when I read these definitions.
Please don't think that I am arguing that any particular individuals or companies in the industry are necessarily doing anything wrong, or should be prosecuted, or alternatively, forced to go through untold reams of "red tape". I am neither an advocate for nor an opponent of the FIFRA. My attention has simply been drawn to these issues by the recent threads, and I'm more or less "thinking out loud" in this thread about my thought processes as I read about the FIFRA.
Since the recent "Liquid Aquarium Cleaner" threads have generated a lot of discussion about the hobby/industry and how we should all strive to improve things, provide better transparency, etc., I thought I'd start this thread to see what others' thoughts are.
One or more recent lengthy threads here on R2R regarding the contents of a particular "Liquid Aquarium Cleaner" product has brought up the subject of the EPA and the labeling requirements for "pesticides". That led me to peruse parts of the EPA website, and what I have seen has raised many questions in my mind regarding the possibility that many aquarium products commonly sold openly on the market and used in many aquaria might present a "target rich environment" for the EPA's enforcement division if they were to come under close scrutiny.
So, what, exactly, does the EPA, and more specifically, the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") say a "pesticide" is? The answer to that can be found at the following link, and is written shortly and clearly enough that I'll simply link the page, rather than regurgitate its contents in this post: https://www.epa.gov/minimum-risk-pesticides/what-pesticide
Note that there is no requirement for any particular nasty chemicals to be present in a "pesticide"; it is defined by the intended use of the product, as represented by the claims being made in the labeling and advertizing of the product. In other words, if I were to develop a product that was merely a 5% NaCl solution in pure water, and then tried to market that product as, say, an algaecide, then the way I read the law, I would be in violation for not having registered the product with the EPA, even though it may have zero algaecidal properties whatsoever (in a saltwater aquarium, at least). Here is an example where someone was convicted under the FIFRA where the fundamental issues were the claims that were made about the product together with the failure to register it; the actual efficacy of the product was not at issue: https://tinyurl.com/36n4kdfj
Now, there is a provision for "Minimum Risk Pesticides", which are exempt from the registration requirement: https://www.epa.gov/minimum-risk-pesticides/conditions-minimum-risk-pesticides Note, however, that one of the requirements for this exemption is that the product list all of the active and inert ingredients on the label, and state the concentration by weight of the active ingredients.
I'm not going to mention any specific products, but I will say that several reef aquarium products come immediately to mind when I read these definitions.
Please don't think that I am arguing that any particular individuals or companies in the industry are necessarily doing anything wrong, or should be prosecuted, or alternatively, forced to go through untold reams of "red tape". I am neither an advocate for nor an opponent of the FIFRA. My attention has simply been drawn to these issues by the recent threads, and I'm more or less "thinking out loud" in this thread about my thought processes as I read about the FIFRA.
Since the recent "Liquid Aquarium Cleaner" threads have generated a lot of discussion about the hobby/industry and how we should all strive to improve things, provide better transparency, etc., I thought I'd start this thread to see what others' thoughts are.
