03/17/2020 by Joe Romero, Esq.
Moments of crisis can bring out the best in people, but unfortunately it can also bring out the worst. There are a number of cases where individuals have attempted to profit from the current Coronavirus pandemic through the sale of cleaning or disinfection products that turn out to be ineffective against this virus, or are simply fake products that have no cleaning ability at all.
On January 29, 2020, the Environmental Protection Agency activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides. This guidance allows registrants who already have existing EPA-registered surface disinfectants to include an efficacy statement on their product label regarding viral pathogens (and more specifically SARS-CoV-2).
EPA has posted guidance on the submission of applications. Applications should include:
- a subject line that clearly indicates “Emerging Viral Pathogen Claim for SARS-CoV-2”;
- a request to make emerging viral pathogen claims;
- a description of how the product meets the eligibility criteria for use against one or more categories of viral pathogens consistent with EPA guidance;
- the identification of the virus(es) from the product label that you are using to support the emerging viral pathogen claims and the study ID number (MRID) that supports the claim (EPA recommends using the minimum number of supporting viruses needed for the emerging pathogen claim in order to expedite EPA’s review);
- an up-to-date matrix (Form 8570-35); and
- a request to add the Terms of Registration outlined in Attachment I of the Emerging Viral Pathogens Guidance.
Registrants should also submit a revised master label with a separate section for emerging viral pathogen claims that includes the generic claim statements identified in Attachment I of the Emerging Viral Pathogens guidance document.
Additional information can be found at: https://www.epa.gov/pesticide-registration/emerging-viral-pathogen-claims-sars-cov-2-submission-information-registrants
The current list of disinfectants can be found here: https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2
Please contact our firm if you have any questions regarding this process or the Emerging Viral Pathogens Guidance.
About the Author
Joe is a member of the firm’s Construction and Government Contracts practice group. He concentrates his practice in environmental law, including Comprehensive Environmental Response, Compensation and Liability Act remediation, hazardous waste management, regulatory compliance, permitting, enforcement matters, and contracts.