Subject 40-11-3 STATUS OF PRODUCTS AS PESTICIDES
Any product whose intended purpose, either expressed or
implied, is used as a pesticide or any product whose representation results in
its being used as a pesticide shall be deemed to be a pesticide for the
purposes of the Act and these regulations.
Products will be considered to be pesticides if:
| (1) |
Claims or recommendations for use as a
pesticide are made on the label or labeling or otherwise in any other written
or verbal medium of communication employed by the manufacturer, shipper, or
distributor of the product. |
| (2) |
The
product is intended for use as a pesticide after reformulation or
repackaging. |
| (3) |
The product is
intended for use both as a pesticide and for other purposes. |
Examples of products not considered to be pesticides
are:
| (1) |
Products or commodities, such
as paints, fabrics and building materials which have been treated with a
pesticide for their own protection and for which no pesticidal claims are made
for protection of other surfaces or objects in the manufacture, sale or
distribution of the product. |
| (2) |
Intermediate substances intended for use in production of a pesticide product,
if the intermediate is subjected to a chemical change in the production
process. |
| (3) |
Fertilizers or soil
amendments not containing a pesticide. |
