40 C.F.R. § 152.15

Pesticide products required to be registered

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No person may distribute or sell any pesticide product that is not registered under the Act, except as provided in §§ 152.20, 152.25, and 152.30. A pesticide is any substance (or mixture of substances) intended for a pesticidal purpose, i.e., use for the purpose of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or desiccant. A substance is considered to be intended for a pesticidal purpose, and thus to be a pesticide requiring registration, if:

(a) The person who distributes or sells the substance claims, states, or implies (by labeling or otherwise):

(1) That the substance (either by itself or in combination with any other substance) can or should be used as a pesticide; or

(2) That the substance consists of or contains an active ingredient and that it can be used to manufacture a pesticide; or

(b) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than (1) use for pesticidal purpose (by itself or in combination with any other substance), (2) use for manufacture of a pesticide; or

(c) The person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended to be used, for a pesticidal purpose.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1994–2021 · leading case: National Family Farm Coalition v. Usepa

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National Family Farm Coalition v. Usepa (2020) ca9 “” 40 C.F.R. § 152.15 . A “pesticide product” is a “pesticide in the particular form (including composition, NAT’L FAMILY FARM COALITION V.”

Turner v. United States Environmental Protection Agency (1994) mssd “40 C.F.R. § 152.15 . Plaintiff distributed and sold his product, DLT Mound Leveler, in Mississippi without registering it with EPA as a pesticide.”

Textile Biocides Inc. v. Avecia Inc. (2001) pactcomplphilad “40 C.F.R. §§152.15 , 152.113. The scope of the registered uses determines the breadth of the advertising and labeling claims that a seller of a pesticide may make.”

Tzumi Innovations, LLC v. Wheeler (2021) nysd · cites it 2× “” 40 C.F.R. § 152.15 . Labeling is broadly defined as “all labels and other written, printed or graphic matter (A) accompanying the pesticide .”

Stagg-Shehadeh v. LPM Manufacturing, Inc. (2021) txsd “If a product’s labeling or packaging is subject to FIFRA, a state may not impose a requirement for labeling or . packaging that differs from the federal requirement.”

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