EPA Pesticide Packaging and Labeling for Online Businesses

By Paul S. Rafelson, Founder, Rafelson Law PLLC

Why can packaging rules reach an online business at all?

EPA’s pesticide rules are not limited to factories. The registration regulation provides that, with exceptions, a pesticide may not be distributed or sold unless it is registered (40 C.F.R. § 152.15). Distribution and sale are the seller’s activities. A seller that resells a registered product made by someone else is in a different position from one that sells a product with no registration, and a brand that sells a product under its own name can take on obligations that a plain reseller may not. The reason behind the structure is that EPA wants a responsible, identifiable party for a product that is meant to kill or repel living things and may harm people, pets or the environment if mishandled.

Pesticide devices, such as UV sanitizers, ultrasonic repellers and filters with germ-kill claims, follow a different track. EPA does not register devices, but the device must come from an EPA-registered establishment, carry the establishment number on its label and make only claims the seller supports (40 C.F.R. § 152.500). Amazon’s pesticide policy covers devices as well as pesticides and asks for the establishment number in the listing.

Why is “is it a pesticide?” the first question?

Under the regulation, a pesticide is a substance intended for a pesticidal purpose, meaning use to prevent, destroy, repel or mitigate a pest. Intent is shown in several ways: what the seller claims, states or implies about the product on the label or otherwise; whether the substance has no significant commercially valuable use other than a pesticidal one; or the seller’s actual or constructive knowledge that the product will be used that way (40 C.F.R. § 152.15). That makes the seller’s own words important. An ordinary cleaner, a candle, a fabric or a wipe can be treated as a pesticide if the listing says it repels mosquitoes or kills germs. Our page on EPA pesticidal claims looks at that question in detail.

Why does the label content matter?

For a registered pesticide the label is part of the registration. EPA’s label regulations (40 C.F.R. Part 156) set what appears on it, and a subpart on container labeling addresses statements about handling, storage and disposal of containers, including statements for refillable and nonrefillable containers and residue removal, with some household and residential products treated differently (for example, 40 C.F.R. §§ 156.140 and 156.144). A label differing from the accepted label, or a listing with claims the accepted label does not support, breaks the registration. Federal law bars selling a registered pesticide with claims differing substantially from the registered claims (7 U.S.C. § 136j(a)(1)(B)). The details are product-specific and sit in the registration, not only in the regulations, so they are best read against the actual product.

Why do child-resistant packaging rules come up?

EPA’s regulations on child-resistant packaging (40 C.F.R. Part 157) apply when a product meets listed toxicity criteria and its labeling recommends or permits residential use (see 40 C.F.R. §§ 157.20 and 157.22). The reason is the danger of accidental ingestion by children. Whether a given product is covered depends on its toxicity category, its use pattern and its label, and not on how it looks or how it is sold. A seller who repackages or relabels a product, or ships a product in a different container, may change the analysis, because the packaging is then the seller’s own. The CPSC has separate child-resistant packaging rules for certain household products under the Poison Prevention Packaging Act (16 C.F.R. Part 1700).

Why do refillable containers and repackaging draw particular attention?

EPA treats repackaging as production. A seller who decants a registered pesticide into smaller bottles, bundles it in new packaging or relabels it needs an EPA establishment registration for the site where it happens (40 C.F.R. § 167.20). The repackaged product also needs its own registration or the registrant’s written authorization, such as a supplemental distribution agreement (40 C.F.R. § 152.132). A brand selling a registered product under its own name can do so as a supplemental distributor, and then shares liability with the registrant. Without the establishment registration and the registrant’s authorization, the repackaged product is treated as unregistered and misbranded. Whether a repackager takes on the maker’s duties turns on the product and its registration. This is where we work alongside a regulatory specialist.

What does the marketplace add?

Amazon requires approval to sell pesticides and pesticide devices, a completed pesticide training and a Pesticide Marking entry on each listing showing an EPA registration number, an EPA establishment number or a certification of exemption. Amazon limits pesticide listings on Amazon.com to U.S.-based sellers. Those terms change and are not the law. We check the current policy against the regulation when we review a product. Platform review is not a determination of legality, and a listing that clears review can still be questioned by a regulator or a competitor. See our packaging compliance overview for the wider framework.

Why involve a lawyer?

The answer may turn on the product’s formulation, its claims, the supplier’s registration, your role in the chain and any state registration requirements. Businesses often rely on a supplier’s registration without checking whether it covers their label and their claims. We read the registration against your listing, tell you where the supplier’s paper protects you and where it does not, and tell you what a consultant must confirm. If a marketplace, a state agency or EPA has already sent a notice, we review the notice and prepare the response with you.

How do I get started?

Contact us. Tell us the product, its claims, who makes it and how you package and ship it, and we will tell you whether we can help.

Frequently asked questions

Related pages

Sources and notes

• 7 U.S.C. § 136a(a) (registration required) and § 136j(a)(1) (unlawful acts), FIFRA.
• 40 C.F.R. § 152.15 (pesticide products required to be registered, intended pesticidal purpose), § 152.132 (supplemental distribution) and § 152.500 (pesticide devices), eCFR.
• 40 C.F.R. Part 156 (labeling requirements for pesticides and devices), including § 156.10 (label content) and §§ 156.140 and 156.144 (container statements and residue removal).
• 40 C.F.R. Part 157 (packaging requirements), including §§ 157.20 and 157.22 (child-resistant packaging).
• 40 C.F.R. § 165.25 (nonrefillable containers), §§ 165.65 to 165.70 (repackaging into refillable containers) and § 167.20 (establishment registration, repackaging as production).
• Amazon Seller Central Help, Pesticides and Pesticide Devices (help ID 201956410, sign-in required). Amazon announcement, “Action required for listings on Amazon classified as pesticides,” Seller Forums.