Issue link: http://palletcentral.uberflip.com/i/1115386
14 PalletCentral • March-April 2019 palletcentral.com Q. I want to combat mold growth on my pallets by treating them with chemicals, but I don't know what's permitted. Do I need to worry about federal regulation? A. Yes. At minimum, if your chemical is considered a "pesticide" by EPA, you need to follow EPA requirements. In addition, if you will be using the chemical to treat a "food contact" article, you also need to consider whether FDA requirements apply. Q. Who regulates chemical treatment of food contact articles – EPA or FDA? A. Both. EPA and FDA both have some jurisdiction over antimicrobial treatment of food contact articles. For any particular antimicrobial chemical, whether one, the other, or both agencies will govern depends on the food contact article and the intended use of the antimicrobial. In all instances, use of the chemical must be consistent with the intended use(s) authorized by the regulators. Q. How do I know which agency's requirements I have to meet? A. Consider what the chemical treatment will be used for: If the chemical will have its antimicrobial effect on the surface of a food contact article or equipment (other than food packaging), EPA will regulate under the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"). FDA will consider the chemical to be a "pesticide chemical" and will defer jurisdiction to EPA, so there will be no FDA-related requirements. If the chemical will have its antimicrobial effect on any part of the food contact article other than the surface, or if the chemical has no antimicrobial effect in or on the finished food contact article, FDA will regulate the chemical, typically as a "food additive," under the Federal Food, Drug, and Cosmetic Act ("FFDCA"). The chemical might also be subject to EPA registration requirements, if the chemical meets the definition of a "pesticide" under FIFRA. When required by a customer, pallet suppliers have an obligation to ensure that pallets are designed and maintained so that they are suitable and adequately cleanable as required by the FDA. FAQS