Tallahassee, Fla. – Yesterday, the U.S. Environmental Protection Agency (EPA) announced changes to its policies on the review and approval of surface disinfectant products for use against SARS-CoV-2, the coronavirus that causes COVID-19, to better align with the latest information from the Centers for Disease Control and Prevention (CDC). Since August 2020, states including Florida have seen an increase in Section 18 emergency exemption requests from companies seeking to make certain claims about their disinfectants, while the EPA has already approved over 500 products that are effective against SARS-CoV-2. The Florida Department of Agriculture and Consumer Services (FDACS) is the state agency regulating the registration and use of disinfectants in Florida. Earlier this year, Florida Agriculture Commissioner Nikki Fried sought these EPA changes at a national meeting of state departments of agriculture.
Of the new EPA policy, Commissioner Fried offered the following statement:
“As the state agency regulating disinfectants in Florida, we work to keep Floridians safe from COVID-19 and other pathogens, including through disinfectant products. Disinfectants are an important tool in the fight against COVID-19, for which adaptability in the approval process is key. I thank Administrator Regan and the EPA for this policy shift that state departments of agriculture unanimously requested, one that not only follows the best available science from CDC experts, but helps maintain the integrity of the disinfectant registration process.”
Background: On April 28, EPA announced it is no longer prioritizing Public Health Emergency requests for new surface disinfectant products that address surface transmission of SARS-CoV-2 based on recent information from the Centers for Disease Control and Prevention (CDC). In addition, in light of the hundreds of EPA-registered products that are already available, EPA will no longer expedite new product registrations, emerging viral pathogen claims, SARS-CoV-2 claims, and electrostatic spraying directions for products intended to kill SARS-CoV-2.
EPA Efforts: Over the course of the last year, EPA reacted to unprecedented circumstances by activating its Emerging Viral Pathogens guidance, minimizing disinfectants supply chain disruptions through regulatory flexibilities, releasing new and updated scientific protocols, and providing several pathways for expedited review. This added over 500 products to EPA’s list of disinfectants entitled List N. Disinfectants continue to serve as one of many important tools in the fight against SARS-CoV-2, the coronavirus that causes COVID-19. The agency will continue to review registration requests for new surface disinfectants for SARS-CoV-2 via the standard registrations process and associated deadlines required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and will continue to update List N.
Fried Action Item: In February, Commissioner Fried proposed that NASDA request that the EPA determine whether a federal Section 3 registration or federal emergency exemption is more appropriate than state exemptions for certain SARS-CoV-2 related disinfectant products, given the national nature of the pandemic versus regional. Section 18 exemptions are requested when emergency conditions jeopardize agriculture, the environment, or public health for which there are no effective registered products. FDACS regulates the registration and use of pesticides, to include disinfectants, in Florida. The topic became an action item passed unanimously by the full membership of the National Association of State Departments of Agriculture (NASDA) at their virtual Winter Policy Conference. The association’s voting membership includes the nation’s commissioners, secretaries, and directors of agriculture from each state.
