Compliance Analysis of Pet Protection Product Exports to the US

Pet protection products containing insecticides (effective against fleas, ticks, and mosquitoes) or built-in chips or capsules that release chemicals, offering protection against fleas, ticks, and mosquitoes, are generally considered pesticides by the U.S. Environmental Protection Agency (EPA) and require EPA insecticide product registration.

Regular Insecticide Product Registration: High Cost and Long Cycle

EPA federal registration alone is quite expensive, typically starting at hundreds of thousands of RMB. The registration process is lengthy, usually taking 1-2 years or even longer. Overall, the investment of time and money is substantial.

Exemption Path

Lowest Risk Pesticides

However, not all pet insect repellent/insect protection products require full EPA federal registration.

If your product meets certain conditions, it can be compliant as a EPA lowest risk pesticide, thus exempting it from federal registration and requiring only state registration.

—Lowest risk pesticides are those pesticides exempt from EPA federal registration under Section 25(b) of the Federal Insecticides, Fungicides, and Rodenticides Act (FIFRA).

Core Requirements for Lowest Risk Pesticides:

Products must strictly use ingredients listed below: Active Ingredients: Only the 45 substances listed in the EPA's "Lowest Risk Pesticide Active Ingredient Exemption List" (2024 Revision) are permitted (e.g., specific concentrations of citronella oil, peppermint oil, and other plant extracts). Adjuvant Ingredients: Only the 288 substances listed in the EPA's "Lowest Risk Pesticide Adjuvant Ingredient Exemption List" (2024 Revision) are permitted.

State Registration Requirements and Compliance Difficulty: After exemption from federal registration, state registration is required based on the requirements of the target states where the product will be sold. State requirements vary significantly, mainly falling into the following categories of compliance difficulty:

Companies can prioritize registration in states with a compliance difficulty rating of ⭐ or ⭐⭐, as these registrations have relatively lower costs and shorter processing times. If planning nationwide sales, registration in all 51 states is required. Once the target market is identified, the list of target states can be provided to professional service agencies, such as Entec. Entec can design compliance solutions based on this list, maximizing material reuse and significantly reducing compliance costs for the company.

Key Requirements for Lowest Risk Pesticide Labeling

Label content must strictly comply with regulations. Core requirements include: Complete Ingredient Listing: All product ingredients must be listed completely and clearly on the label as required. Restricted Use Claims: Claims or implications that the product can control or reduce organisms that pose a threat to human health (such as bacteria or viruses), or control insects/rodents carrying specific diseases are prohibited. Complete Company Information: Necessary information such as company name and address must be clearly stated. Accurate and Truthful Content: All label information must be truthful and accurate, and must not contain any false or misleading content. Supporting Efficacy Data: Regulatory requirements for low-risk pesticide labeling claims vary across US states. Some states explicitly require that claims on the label be supported by true and reliable efficacy data.

Specific Compliance Process for Lowest Risk Pesticides

1. Preliminary review of product formulation and labeling (to determine if it meets minimum risk pesticide requirements)

2. Review of labels, instructions, and content pages on websites such as Amazon/TikTok (no illegal claims allowed)

3. State registration (most states have state registration requirements)

4. Submission of Notice of Arrival (Form 3540-1) for customs clearance

Pet protection products using specific plant-derived active ingredients and adjuvants can significantly reduce compliance costs and timelines by following the lowest risk pesticide pathway. Conventional insecticides, however, fall into a high-regulatory-risk category, with a complex, lengthy, and costly EPA federal registration process. Companies need to plan ahead for this.

If you would like to learn about EPA compliance requirements for other pet protection and antibacterial products, please leave a comment or contact us.