What domestic legal test supports the proposed classification without relying on the US word device as a substitute?
Last reviewed: .
What domestic legal test supports the proposed classification without relying on the US word device as a substitute?
The company sets out its position under United States law and under Regulation (EU) No 528/2012, and under no other country's law.
Under United States law the company classifies the NanoFlashing™ Air Filter as a device under Section 2(h) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(h), and 40 C.F.R. § 152.500(a). Under Regulation (EU) No 528/2012 the company classifies the filter as neither a biocidal product nor a treated article. No authority has approved, registered, cleared or endorsed the filter. The company classifies its own article. The United States test is set out in the Statement of Classification: a device is “any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than a bacterium, virus, or other microorganism on or in living man or living animals) but not including equipment used for the application of pesticides (such as tamper-resistant bait boxes for rodenticides) when sold separately therefrom”, 40 C.F.R. § 152.500(a). The European test is Article 3(1) of Regulation (EU) No 528/2012. The mechanism the company states is the same in both statements. NanoFlashing™ is a permanent positive polarity engineered into filter media itself. It is a physical property of the filter. A charge is a physical property. It is not a substance or a mixture of substances. Whether another country's own test is met is a question for that country's law, and the company has published no answer to it.
Source: Statement of Classification for the NanoFlashing™ Air Filter, sections 3.7 and 4.1, issued by NF Technical Products Inc.; Statement of Regulatory Status for the NanoFlashing™ Air Filter, sections 3.7, 5.1 and 5.2, C-POLAR Technologies, Inc., 11 September 2026.
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Sources
- Statement of Classification for the NanoFlashing™ Air Filter, sections 3.7 and 4.1, issued by NF Technical Products Inc.
- Statement of Regulatory Status for the NanoFlashing™ Air Filter, sections 3.1 to 3.7, C-POLAR Technologies, Inc., 11 September 2026
- C-POLAR — NanoFlashing™