EPA Final Guidelines re “Shock Oxidizer” Products
The U.S. Environmental Protection Agency (EPA) has issued via an amendment to its June 2007 guidance documents its final label guidelines for non-registered swimming pool and spa shock oxidizers. Based on the EPA’s previous determination that the word “shock” is a pesticide claim, the guidelines state that pool and spa oxidizers that make no biocidal claims and are not registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) must use the terms “shock oxidizer” or “oxidizing shock” to qualify the function and purpose of the product. All products must be in compliance with the final EPA guidance as of January 1, 2009.
The EPA guidelines for the sale of non-registered, chlorine-free shock oxidizers apply to product labeling and advertising materials. Manufacturers are permitted to use the word “shock” as part of the name of a non-registered product as long as either “shock oxidizer” or “oxidizing shock” is listed directly and clearly below the product name. In addition the following language must be prominently displayed on the back panel of the product label in the “directions for use” section: “This product is not a sanitizer or an algaecide. For routine disinfection, use an EPA-registered product according to label directions.”
The EPA has been reviewing the issue of “shock” products and the use of the term “shock” on labels for swimming pool and spa products for the last few years. Manufacturers of “shock oxidizers” worked with the EPA to help define the specific language requirements for the non-registered swimming pool and spa “shock oxidizers.” The EPA final guidelines state that manufacturers of “shock oxidizers” may advertise that their “shock oxidizer” products “remove,” “reduce,” or “eliminate” organic contaminants, but they may not make claims that the products remove, reduce, or eliminate “waste,” which is a pesticidal claim.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications “will not generally cause unreasonable adverse effects on the environment.” APSP policy as written in the ANSI/APSP standards requires the use of an EPA-registered sanitizer for swimming pools and spas.
