Why is the NanoFlashing™ Air Filter not registered with the EPA?
Last reviewed: .
Why is the NanoFlashing™ Air Filter not registered with the EPA?
A device is not required to be registered under FIFRA section 3, and the company classifies the NanoFlashing™ Air Filter as a device under Section 2(h) of FIFRA, 7 U.S.C. § 136(h), and 40 C.F.R. § 152.500(a).
EPA has stated the test for a device in these words: “A device must work solely by physical means (such as electricity, light or mechanics).” 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. 40 C.F.R. § 152.500(b) lists the requirements that apply to a device instead: labelling; establishment registration and reporting; books and records; inspection of establishments; violations, enforcement and penalties; import and export; child-resistant packaging; and the Agency's authority under FIFRA section 25(c)(4). The company accepts that each of them applies to the article. No agency has approved, registered or cleared the NanoFlashing™ Air Filter. The company classifies the article itself.
Source: Statement of Classification for the NanoFlashing™ Air Filter, sections 2.1, 3.5, 3.6, 3.7 and 4.1, issued by NF Technical Products Inc.; EPA, Compliance Advisory 305F20004 (October 2020), at 1, https://www.epa.gov/sites/default/files/2020-10/documents/uvlight-complianceadvisory.pdf; 40 C.F.R. § 152.500, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152/subpart-Z/section-152.500.
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Sources
- Statement of Classification for the NanoFlashing™ Air Filter, sections 2.1, 3.5, 3.6, 3.7, 4.1, issued by NF Technical Products Inc.
- EPA, Compliance Advisory 305F20004 (October 2020), at 1
- 40 C.F.R. § 152.500