RELEVANT CODE SECTIONS AND REGULATIONS
40CFR §152.6 Substances excluded from regulation by FIFRA.
Products and substances listed in this section are excluded from FIFRA regulation if they meet the specified conditions or criteria.
(c) Human drugs. Fungi, bacteria, viruses or other microorganisms in or on living man are not “pests” as defined in section 2(t) of FIFRA. Products intended and labeled for use against such organisms are human drugs subject to regulation by the FDA under the FFDCA.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Sect 2(t) PEST.—The term ‘‘pest’’ means (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under section 25(c)(1).
Sec 25 (c) OTHER AUTHORITY.—The Administrator, after notice and opportunity for hearing, is authorized (1) to declare a pest any form of plant or animal life (other than man and other than bacteria, virus, and other micro-organisms on or in living man or other living animals) which is injurious to health or the environment;
450 CFR §152.10 Products that are not pesticides because they are not intended for a pesticidal purpose.
A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not considered to be a pesticide. The following types of products or articles are not considered to be pesticides unless a pesticidal claim is made on their labeling or in connection with their sale and distribution:
(a) Deodorizers, bleaches, and cleaning agents;
(b) Products not containing toxicants, intended only to attract pests for survey or detection purposes, and labeled accordingly;
(c) Products that are intended to exclude pests only by providing a physical barrier against pest access, and which contain no toxicants, such as certain pruning paints to trees.