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California Notice 2012-03: Cleaning Products Policy (March 2012)

The Department of Pesticide Regulation (DPR) and EPA have been engaged in discussions regarding whether certain stain removal products should be considered pesticidal. In January 2011 EPA released the document “Determining if a Cleaning Product is a Pesticide under FIFRA” in which examples of cleaning claims it considered to be non-pesticidal were provided; such as “cleans or removes stains from algae, mold or other non-public health organisms.”

DPR Policy
Effective immediately, DPR considers labeling claims to control, prevent, mitigate, clean and/or remove mold, mildew, algae, fungus or other organisms to be pesticidal claims. Products with such claims require registration with both U.S. EPA and DPR.

Product labeling claims to control or prevent, (or words meaning the same thing) mold stains, mildew stains, algae stains, fungal stains or stains from other organisms are also pesticidal and require registration with both EPA and DPR.

DPR will no longer consider a product with a label that claims to clean, eliminate, and/or remove mold stains, mildew stains, algae stains, fungal stains and/or stains from other non-public health organisms to be pesticidal.

To eliminate any doubt a company should place a prominent asterisk after the product brand name, and at the bottom of the front page of the product label add: “*Product does not control mold, mildew, fungus or algae, only removes stains.”

For more information, please Contact TSG.
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