The Regulation of Antimicrobials in Paints and Surface Treatments
The Federal Insecticide Fungicide and Rodenticide Act (FIFRA) requires the registration of products making claims to control microorganisms such as bacteria and fungi. However, the law exempts certain "treated articles" and substances from registration. The EPA defines a treated article as "an article or substance treated with, or containing, a pesticide to protect the treated article or substance itself (for example, paint treated with a pesticide to protect the paint/coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use." (40 CFR Part 152.25(a)) In other words, the exemption applies to qualifying articles or substances treated with, or containing a pesticide, if:
An example of a common treated article is paint. Most paints are organic and would spoil without a small amount of preservative to prevent microbial growth. EPA did not want to face the tremendous task of registering every product or type of paint containing an antimicrobial preservative, so the Agency supported a provision in the law exempting such products from registration. The provision requires that the antimicrobial be registered for use in paint and the product label of the paint may not make any antimicrobial claims. Initially, this provision worked well because manufacturers of products such as coatings had no interest in making antimicrobial claims. Nor did manufacturers want to invest substantial time and money to obtain a registration.