Policy Concerning 25(b) Exempt Pesticides


The Nebraska Pesticide Act defines a pesticide as a substance or mixture of substances intended to prevent, destroy, repel or mitigate any pest. This includes insecticides, herbicides, fungicides, growth regulators, repellents, disinfectants, sanitizers and similar products.

The Environmental Protection Agency (EPA), under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) Section 25(b), exempts certain minimum risk pesticides from federal registration. The exemption is limited to a list of 31 active ingredients and numerous approved inert ingredients (list 4A). The exemption also is conditional upon appropriate label language. The exemption conditions, as well as the approved active ingredient lists, can be found in the federal Pesticide Registration (PR) Notice 2000-6. The approved inert list has been trimmed since PR 2000-6 to remove potential allergens. Note: even if a pesticide is exempt from FIFRA requirements, the product may not be exempt from state registration or other regulatory requirements. Each state has its own regulations concerning pesticide registration and regulation.

Products which satisfy the requirements of the FIFRA 25(b) federal exemption are typically also considered exempt from Nebraska's registration requirements. However, the NDA does require that 25(b) pesticide labels be submitted to our department for review and approval before the product is distributed and sold in our state. Distribution of these products may require a dealer's license. To submit a 25(b) product label for review, please complete a Submittal Form and mail to the address below.

Section 25(b) Submittal Form
25(b) Statement of Formula

The Nebraska Department of Agriculture
Plant Health Protection
PO Box 94756
Lincoln, NE 68509-4756

Copies of the pesticide labels approved and registered in Nebraska are maintained in NDA files.

Refer to the following for more information:
EPA Minimum Risk Pesticides page
Approved Inert Ingredients
25(b) Fact Sheet