Pesticides and Amazon
A few years ago, Amazon began more strictly enforcing the sale of pesticides to better comply with EPA regulations. This change was a nightmare for the unlucky 3P sellers who got caught in the widespread listing suppressions. Amazon bots scraped the site looking for specific words on PDPs that might indicate that your product contained pesticides. If your product wasn’t a pesticide and you didn’t have an EPA Registration Number, you were forced to update your PDP to remove all mentions of “flagged words.” And at the time, it was hard to know what words to remove or keep.
Since then, Amazon has become clearer on its listing and selling policies regarding pesticides. Even with clearer policies, there are still areas of confusion, so let’s dive deep into all things Amazon and pesticides.
What is a Pesticide?
According to the EPA, a pesticide is any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. It is also any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant, or nitrogen stabilizer.
Amazon allows the sale of pesticides on its platform; however, you must remain compliant with local and federal laws pertaining to the chemical or device you are selling. Amazon defines pesticides as “Any product intended for preventing, destroying, repelling, or mitigating any pest and or any product that makes antimicrobial, antifungal, antibacterial, anti-mold, or pesticide claims.”
A few common examples of conventional pesticides include:
- Insecticides
- Rodenticides
- Herbicides
- Fungicides
- Repellants
- Antimicrobial pesticides
Some common examples of pesticide devices include:
- Ultraviolet light units
- Sound generators
- Insect traps
- Ground vibrators
- Water-treatment units
- Air-treatment units, including air-treatment filters
How do I remain Amazon compliant?
First, let’s look at some pesticides prohibited from being listed on Amazon:
- Unregistered pesticides (for example, insecticide chalk and tres pasitos)
- Pesticide products and pesticide devices sold by non-US residents
- Pesticide products not intended for sale in the US (these may look like recognized brands, but they don’t have an EPA registration or establishment number)
- Pesticide listings without EPA information in the pesticide marking attribute
- Pesticide devices that were manufactured in a location or facility other than an EPA-registered establishment that lack a visible EPA establishment number on the label, or that make false or misleading claims
- Restricted-use pesticides (which are not available for purchase or use by the public)
- Products labeled for professional use only
- Products labeled for use by individuals or firms licensed or registered by the state to apply termiticide products
- Products not registered with the EPA and all applicable state and local laws that make a pesticide claim, including those that may be subject to specific state registration requirements, unless subject to one of the limited exclusions
- Pesticide products that make false or misleading claims or are otherwise misbranded (for example, claims regarding the safety of the pesticide or its ingredients, such as “safe,” “non-poisonous,” “non-injurious,” “harmless,” “non-toxic,” or “all-natural”)
- Pesticide products that make public health claims (for example, products marketed to control or mitigate any disease, infection, or pathological condition)
Okay, my product isn’t any of those things. What’s next?
Amazon requires sellers to take a Seller University training course before listing pesticides. You must complete the course with a grade of 80% or higher for your account to be eligible. After you’ve completed the course, attempt to list your product as you usually would.
- Navigate to “Add a Product” within Seller Central
- Search for your ASIN or UPC
- Click “Sell Your Product”
You’re required to complete the training before listing pesticides in the US. You only need to pass this course once. When you’ve completed the course, you must provide the EPA information for applicable listings.
Exempt Items: Minimum Risk Pesticides
Examples of exempted pesticides are minimum risk pesticides, such as products treated with a pesticide to protect themselves. Exempt items need to meet 6 criteria.
- The product’s active ingredients must only be those that are listed in 40 CFR 152.25(f)(1).
- Active ingredients are the ingredients that kill, repel, or mitigate the pests identified on the product label. To be considered minimum risk, the product’s active ingredients must be only those listed in 40 CFR 152.25(f)(1).
- The product’s inert ingredients may only be those that have been classified by the EPA as follows.
- Listed in 40 CFR 152.25(f)(2)
- Commonly consumed food commodities, animal feed items, and edible fats and oils as described in 40 CFR 180.950(a), (b), and (c); and
- Certain chemical substances listed under 40 CFR 180.950(e).
- All the ingredients (both active and inert) must be listed on the label. The active ingredient(s) must be listed by label display name and percentage by weight. Each inert ingredient must be listed by its label display name.
- The product must not bear claims either to control or mitigate organisms that pose a threat to human health, or insects or rodents carrying specific diseases.
- The name of the producer or the company that produced the product and the company’s contact information must be displayed prominently on the product label.
- The label cannot include any false or misleading statements.
Okay, got it. I’m ready to list my product. What’s next?
First, you must determine what kind of pesticide you’re listing and if you need to upload your product with an EPA Number or Exemption. If your product isn’t a pesticide, then you can simply select “EPA Registration Number” and “This product is not a pesticide or pesticide device, as defined under the U.S. Federal Insecticide, Fungicide, and Rodenticide Act.” However, if your product is a pesticide that doesn’t qualify as a minimum risk pesticide, you need to list your EPA Number when you create your listing.
How do I get an EPA Number?
If you are reselling a product, the EPA number should be on the label of the product you’re selling. If you’re manufacturing your product, make sure you understand what pesticides are going into the product and how you can communicate that to Amazon and your consumers. Your EPA number must be on your product label. Amazon may ask for images of the product and the label of the product.
Supplemental labeling must include the following:
- Product name
- EPA Registration Number
- Restricted use classification statement (if applicable)
- “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.”
- “This labeling must be in possession of the user at the time of application.”
- “Read the label affixed to the container for [product name] before applying.”
- “Use of [product name] according to this labeling is subject to the use precautions and limitations imposed by the label affixed to the container for [product name].”
Thanks for all the info, but I still need help!
Worry not, Hinge Commerce has a 100% US-based operations team well-versed in all things pesticides and Amazon listing policies related to pesticides and more. For a free consultation with one of our experts, contact us.
