EPA’S RECENT NOTICE TO MANUFACTURERS, PRODUCERS, FORMULATORS, AND REGISTRANTS OF PESTICIDE PRODUCTS

EPA’s List N: Disinfectants for Use Against SARS-CoV-2

EPA’s List N: Disinfectants for Use Against SARS-CoV-2 (“List N”) is the current list of products that meet EPA’s criteria for use against SARS-CoV-2, the cause of COVID-19. SARS-CoV-2 is a new virus. Therefore, the pathogen is not readily available for use in commercial laboratory testing to determine whether a certain disinfectant product is effective at killing the virus. While the products on List N have not specifically been tested against SARS-CoV-2, EPA expects them to kill the virus because manufacturers of the products have demonstrated their effectiveness against harder-to-kill viruses and another type of human coronavirus similar to SARS-CoV-2. Products absent from List N have not been reviewed by the agency.

Temporary Amendment to Pesticide Registration Notice 98-10

On March 30, 2020, EPA issued a time-limited modification to Pesticide Registration Notice (“PR Notice”) 98-10. Generally, manufacturers, producers, formulators and registrants of pesticide products must first apply for, and receive, EPA approval of an amendment to their pesticide registration before using a new source of ingredient in their product. However, this temporary amendment allows registrants of currently registered pesticide disinfectant products on EPA’s List N containing any of the active ingredients specified below to use any source of the specified active ingredients without first obtaining a pesticide registration amendment:

CAS Number	Active Ingredient – Chemical Name
64-17-5	Ethanol
7647-01-0	Hydrochloric Acid
7681-52-9	Sodium Hypochlorite
7722-84-1	Hydrogen Peroxide
7790-92-3	Hypochlorous Acid
77-92-9	Citric Acid
79-33-4	L-lactic Acid
79-14-1	Glycolic Acid

In light of the critical need for disinfectants during the COVID-19 pandemic, EPA has temporarily allowed manufacturers, producers, formulators, and registrants of pesticide products to use an unregistered source of any of the active ingredients above, provided that the resulting formulation is chemically similar to the current source. This EPA action only allows for a substitution of sources. According to EPA, the temporary amendment will ensure that disinfectant products remain available as the country responds to the COVID-19 pandemic.

Procedure for Submission of Notifications Under the Amendment

Registrants of pesticide products seeking to notify EPA of their intent to use an alternate active ingredient are directed to submit a cover letter and application, along with a self-certification statement. Applications must be submitted online via the CDX portal (https://cdx.epa.gov).

As the COVID-19 pandemic continues to evolve, it is possible that EPA may continue to make changes to this temporary amendment. Navigating the application process can be challenging. If you need assistance with submitting your notification to the EPA, we are here to help. Please contact us at [email protected]

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