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Selling cleaning products and detergents in the US

In the US, a household cleaner that is a hazardous substance carries the cautionary label set by the Federal Hazardous Substances Act, and some need child-resistant packaging. A disinfectant or sanitiser is a pesticide: it is registered with the EPA under FIFRA, and its label shows an EPA registration number. EPA's Safer Choice programme certifies products with safer ingredients.

Updated · Each section links to the official source it comes from

Household chemicals
Federal Hazardous Substances Act, enforced by the CPSC
Disinfectants
Pesticides: registered with the EPA under FIFRA
Signal words
DANGER, WARNING or CAUTION
Child-resistant packaging
Poison Prevention Packaging Act, 16 CFR 1700
Package labels
FPLA, 16 CFR 500, for non-pesticide products
Safer ingredients
EPA Safer Choice certification

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Does the product claim to kill or control germs or other pests, making it a pesticide? Read more
  2. 2If it is a pesticide, is it registered with the EPA, and is the producing establishment registered? Read more
  3. 3Is it a hazardous substance under the FHSA, and does the label carry the required statements? Read more
  4. 4Does it contain a substance that needs child-resistant packaging? Read more
  5. 5Does the package show identity, net quantity and who stands behind it? Read more
  6. 6If it is imported, is a pesticide's Notice of Arrival filed before the shipment arrives? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Disinfectants and other pesticides (EPA, FIFRA)

When a cleaning product is a pesticide, and what that means.

  • FIFRA authorises the EPA to regulate the distribution, sale and use of pesticides; with certain exceptions, pesticides sold in the US must be registered by the EPA.
  • A pesticide is any substance intended for preventing, destroying, repelling or mitigating a pest, which includes bacteria, viruses and other microorganisms other than those on or in living people or animals, processed food, drugs and cosmetics. A product is a pesticide if its seller claims or implies that it can be used as one.
  • A disinfectant destroys or irreversibly inactivates bacteria, fungi and viruses on hard surfaces; the EPA states that disinfectants are pesticides, and it reviews the label language.
  • Establishments that produce pesticides, including foreign establishments producing for import, register with the EPA.
  • Importers submit a Notice of Arrival of Pesticides and Devices, EPA Form 3540-1, before the shipment arrives.

How we help: Compliant Always reads your label claims for words that would make the product a pesticide, and keeps the EPA registration and establishment number with each product. Ask about this

Pesticide labels

What a registered disinfectant's label carries.

  • A pesticide label shows the product name, the producer or registrant's name and address, net contents, the EPA registration number, the producing establishment number, an ingredient statement, hazard and precautionary statements, directions for use and the use classification.
  • Required text is in English, at least 6-point type, on a clear contrasting background.
  • The front panel carries 'Keep Out of Reach of Children', unless the EPA waives or permits an alternative.
  • A three-part registration number shows a supplemental distributor product, which has the same composition as the primary registered product.

How we help: Compliant Always sets your label beside 40 CFR 156 line by line, and checks that the registration number on the pack matches the record. Ask about this

Hazardous household substances (FHSA)

Cautionary labelling for cleaners that are not pesticides.

  • A hazardous substance is one that is toxic, corrosive, an irritant, a strong sensitiser, flammable or combustible, or generates pressure, if it may cause substantial injury or illness through reasonably foreseeable handling or use, including ingestion by children. Pesticides under FIFRA are excluded.
  • Its label names the manufacturer, packer, distributor or seller and the hazardous ingredient, and carries the signal word DANGER for substances that are extremely flammable, corrosive or highly toxic, or WARNING or CAUTION for others.
  • It also states the principal hazard, precautionary measures, first-aid instructions where needed, 'Poison' for highly toxic substances, handling and storage instructions where needed, and 'Keep out of the reach of children'.
  • These statements appear prominently, in English, in conspicuous and legible type.

How we help: Compliant Always reads your safety data and label together against the FHSA statements, and keeps the classification behind the signal word with the product. Ask about this

Child-resistant packaging and package labels

Special packaging for some chemicals, and the general package label.

  • Household substances above set concentrations of, for example, sodium or potassium hydroxide, turpentine, methanol, sulfuric acid or ethylene glycol need special (child-resistant) packaging.
  • So do non-emulsion liquid household chemical products that are FHSA hazardous substances with 10 percent or more hydrocarbons and low viscosity, with some exceptions.
  • A single non-complying package size may be sold for households without young children if complying packaging is also supplied and it bears 'This Package for Households Without Young Children'.
  • Non-pesticide household cleaners are consumer commodities under the Fair Packaging and Labeling Act: identity, net quantity in both US and metric units, and the name and place of business of the business behind it. FIFRA-labelled products are outside its scope.

How we help: Compliant Always checks your formulation against the special packaging list and keeps the closure's test evidence with the product. Ask about this

Safer Choice and reporting

EPA Safer Choice, and reporting a safety problem.

  • Safer Choice is an EPA Pollution Prevention programme that helps buyers find products that perform and contain ingredients safer for human health and the environment; certified products can carry its label, and disinfectants have a separate Design for the Environment (DfE) certification.
  • A firm reports to the CPSC within 24 hours of obtaining information that reasonably supports the conclusion that a consumer product it has distributed fails a CPSC rule, has a defect that could create a substantial risk of injury, or creates an unreasonable risk of serious injury or death.

How we help: Compliant Always keeps complaints and test reports with the product and lot, so the information behind a reporting decision is in one place. Ask about this

Who answers for what

WhoWhat they answer forHow we help
RegistrantThe EPA registration of a disinfectant or other pesticide, and the label the EPA reviewed.Registration, label versions and establishment numbers kept together.
ManufacturerFHSA labelling, special packaging and, for pesticides, establishment registration.Formulas, safety data and packaging evidence kept with each product.
ImporterNotice of Arrival for pesticides, and the label of products it brings in.Overseas suppliers' documents read and dated before the goods ship.
Brand or distributorThe label and claims where its name is on the pack, including supplemental distributor products.Claims read against the line between a cleaner and a pesticide.

Federal and state

Federal agencies set the national rules. States can add their own: California's Proposition 65, for example, can call for a warning on a product sold there.

Retailers and marketplaces often ask for more than the law does, such as test reports by lot or third party certificates.

Questions businesses ask

Is a disinfectant a pesticide in the US?
Yes. The EPA states that disinfectants are pesticides. They are regulated under FIFRA and must be registered with the EPA before they are sold, with certain exceptions.
Does a cleaning product that says it kills germs need EPA registration?
Usually. A product is a pesticide if its seller claims or implies it can be used to prevent, destroy or mitigate pests, including bacteria and viruses on surfaces, and pesticides are registered unless an exception applies.
What does an EPA registration number look like?
Two or three parts separated by dashes. Two parts is a primary registration; a third part identifies a supplemental distributor selling the same product under another name.
Who regulates household cleaners that are not pesticides?
The Consumer Product Safety Commission, under the Federal Hazardous Substances Act, sets the cautionary labelling for those that are hazardous substances.
What signal word goes on a hazardous household cleaner?
DANGER for substances that are extremely flammable, corrosive or highly toxic; WARNING or CAUTION for other hazardous substances.
Must labels be in English?
Yes. FHSA statements appear in English, and required pesticide label text is in English; for pesticides, text in other languages may be added alongside.
Which cleaning products need child-resistant packaging?
Household substances listed in 16 CFR 1700.14 above set levels, such as sodium or potassium hydroxide, methanol, sulfuric acid, and certain low-viscosity hydrocarbon products.
Do importers of disinfectants file anything?
Yes. A Notice of Arrival of Pesticides and Devices is submitted to the EPA before the shipment arrives, and the foreign producing establishment is registered with the EPA.
What is EPA Safer Choice?
An EPA Pollution Prevention programme that helps consumers, businesses and purchasers find products that perform and contain ingredients safer for human health and the environment. Certified products can carry the Safer Choice label.
Does the Fair Packaging and Labeling Act apply to cleaners?
It covers household consumer commodities, so it applies to ordinary cleaners, but not to products labelled under FIFRA, such as registered disinfectants.
How does Compliant Always help with selling in the US?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches federal sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the US and what your paperwork needs to show.

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