Pest Control Devices

Pesticides are commonly thought of as chemicals. But EPA also has a role in regulating devices used to control pests. How a device might be regulated, however, depends on the device's specific design and function and whether it incorporates or is used with a pesticide.

This page is designed to help manufacturers better understand the difference between a pest control device and a pesticide. Please note that this page provides only general clarification. Manufacturer or applicants still need to consult EPA for a complete determination regarding the regulatory requirements for any product. More information about pesticide regulatory requirements and process

Key differences between pest control devices, pesticide products, and certain combinations can be illustrated as follows:

Figure 1. Herbicide sprayer - When this sprayer for lawn herbicides is sold separately from the herbicide, it is classified as application equipment (it is neither a device nor a pesticide) and is not regulated by EPA.
(photo provided by Virginia Tech Pesticide Programs)

A product is a pesticide if it incorporates a substance or mixture of substances designed to prevent, attract, repel, destroy, or mitigate a pest. A product is a pest control device (or "device") if it uses only physical or mechanical means to trap, destroy, repel, or mitigate any pest and does not include any pesticidalsubstance or mixture of substances. For example, an ant trap would NOT be considered a pest control device, because it contains a pesticide chemical substance intended to work in concert with the physical container. It is therefore subject to regulation under pesticide law.

Pesticide application equipment that is sold separately from the pesticide itself is not considered to be a device or a pesticide. For example, a sprayer for a lawn herbicide (See Figure 1) that is sold separately from the herbicide is application equipment (it is neither a device nor a pesticide) and is not regulated by EPA.
If a device and a pesticide product are packaged together, that combined product is a pesticide product subject to registration requirements. For example, 1-Octen-3-ol (octenol) is registered as a pesticide product intended to attract certain species of mosquitoes and biting flies. If octenol is distributed or sold in or packaged with a trap for that purpose, the combination product is a pesticide product that must be registered separately. If the trap is sold without the octenol, it is a device regulated by EPA.

A device is NOT required to be registered with EPA; however, other requirements do apply to devices. The sections on this page below provide additional examples and links that highlight different ways devices are regulated, not regulated, and associated information. For questions about whether a specific product is a device or not, you should contact your EPA regional office.

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Additional examples and links:

The sections on this page below provide additional examples and links that highlight different ways devices are regulated, not regulated, and associated information.

Examples of regulated pest control devices
Requirements applicable to devices
Examples of unregulated pest control devices
Information on labeling and misbranding
Pest control devices may still be subject to state regulation

Figure 2. Although this fly paper does not contain chemicals and is not a pesticide, it is classified as a pest control device and is subject to some regulatory requirements.

Examples of regulated pest control devices

Although pest control devices are not required to be registered with EPA, some other regulatory requirements do apply. Some common examples of such pest control devices that are subject to the other regulatory requirements are:

Ultraviolet light systems, certain water and air filters, or ultrasonic devices that make claims that the device kills, inactivates, entraps, or suppresses growth of fungi, bacteria, or viruses in various sites;
High frequency sound generators, carbide cannons, foils, and rotating devices that make claims about repelling pests, such as birds and mice.
Black-light traps, fly traps (without an attractant substance other than food), electronic and heat screens, fly ribbons, glueboards and fly paper that make claims about killing or entrapping insects; and
Mole thumpers, sound repellants, foils and rotating devices that make claims about repelling certain mammals.

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Requirements applicable to regulated devices

Labeling requirements

Devices are subject to certain labeling requirements. Labels for devices must meet certain requirements to ensure that they are not misbranded. The requirements dealing with misbranding are established by section 2(q)(1) and section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as well as 40 CFR 152.500 and 156.10 and include – but are not limited to – the following:

Devices cannot bear any statements that are false or misleading.
The pesticide establishment number of the device's producer must appear on the label and on the outer container or wrapper if it cannot be seen because of the packaging.

Please refer to the FIFRA and Code of Federal Regulations sections mentioned above and in the section below for a detailed list of labeling requirements.

Establishment registration

Any facility (establishment) producing a device must be registered with EPA and have an establishment number. Producing establishments are also subject to reporting requirements. Each facility that produces pesticides and/or devices must submit a report to EPA by March 1 each year. The report lists names and amounts or number of pesticides or devices produced or repackaged and amounts sold or distributed during the previous calendar year. Failure to submit this report, even if the establishment had no production, can result in termination of the establishment registration as well as civil and/or criminal penalty assessments. (See 40 CFR part 167). You can also find out information on pesticide-producing establishments and the registration of such establishments, including those producing devices.

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**Examples of unregulated pest control devices**

Figure 3. This simple traditional mousetrap is an example of an unregulated pest control device.

Examples of unregulated pest control devices* include:

...those instruments declared to be of a character unnecessary to be subject to this Act in order to carry out the purposes of the Act. These include:

(1) Those which depend for their effectiveness more upon the performance of the person using the device than on the performance of the device itself.

(2) Those which operate to entrap vertebrate animals except glueboards.

Products generally falling within these two categories include rat and mouse traps, fly swatters, tillage equipment for weed control and fish traps.

* Cited in the November 19, 1976, Federal Register (41 FR 51065-51066) (PDF, 479 KB, 3 pages, About PDF)

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Information on labeling and misbranding for pesticide products and pest control devices

You can find labeling and misbranding information on pest control devices in:

Pesticide Registration and Classification Procedures, 40 CFR 152.500 (and sections of FIFRA therein referenced)
Labeling Requirements for Pesticides and Devices, 40 CFR 156.10
Sections 2(p) and 2(q) of FIFRA, and
November 19, 1976, Federal Register (41 FR 51065-51066) (PDF, 479 KB, 3 pages, About PDF)

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