What record shows that a regulator's oral comment was confirmed accurately in writing?

What record shows that a regulator's oral comment was confirmed accurately in writing?

The company's position rests on written documents, and on nothing anyone said.

No agency has approved, registered or cleared the NanoFlashing™ Air Filter. The company classifies the article itself. The company classifies the NanoFlashing™ Air Filter as a device under section 2(h) of the Federal Insecticide, Fungicide, and Rodenticide Act and the definition at 40 C.F.R. § 152.500(a). Under 40 C.F.R. § 152.500(b), a device is not required to be registered under FIFRA section 3, and the requirements listed there apply instead. The company publishes no agency decision about the article and claims none. Where the company cites an agency document, it cites it for what it is. A compliance advisory is EPA's published guidance to producers generally, and it names no company and no product. The text of a regulation is the text of a regulation. Neither is a decision about this article. Where EPA's own words are quoted, they are quoted from a published compliance advisory, named and dated. The company's own Statement of Classification is issued by NF Technical Products Inc.

Source: 40 C.F.R. § 152.500, as published on eCFR; EPA Compliance Advisory 305F20004 (October 2020), at 1; EPA Compliance Advisory 305F22003, What You Need to Know About Producing, Distributing or Selling Pesticide Devices (February 2023), at 2; Statement of Classification for the NanoFlashing™ Air Filter.

Reviewed on 21 September 2026.