Insecticide, fungicide, and rodenticide laws were established by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA and various state environmental agencies administer and regulate this pesticide regulation system to protect applicators, consumers, and the environment. Two important amendments to FIFRA have been made since it was established.

The Federal Environmental Pesticide Control Act (FEPCA) and others have significantly changed the federal government’s authority over pesticides since 1972, with an emphasis on protecting human health and the environment through the sales and use of pesticides. This article covers EPA and FIFRA regulations about use of ozone.


Since the FIFRA was enacted years ago, the EPA is responsible for regulating all chemicals that make a pesticidal claim. An example of a pesticidal claim that can be applied to ozone equipment is, “ozone kills/inactivates microorganisms, such as mold, algae, and fungi, etc. It is common practice for pesticides to be shipped throughout a geographical region in bulk cylinders or containers. As a chemical, ozone does not belong to that category, since it can be generated and used on-site, it cannot be transported or stored, and it quickly disperses or self-destructs after usage.

Because ozone is not a “pesticide chemical”, EPA concluded that this gas cannot be regulated under the FIFRA. FIFRA however considers ozone generators and ultraviolet radiation equipment to be pesticide devices, even though they are not chemicals.

Ozone generators are also required to display an Establishment Number under the FIFRA if they are made or distributed in the United States with a pesticidal claim. The establishment registration number is given to the pesticide and device producers upon completion of EPA Form3540-8 (rev. 5/99), “APPLICATION: ESTABLISHMENT REGISTRATION FOR PESTICIDE PRODUCERS”.

Once a manufacturing facility is assigned an Establishment Number, that number must be displayed on devices produced by that facility (such as ozone generators).

There is no regulatory approval from the EPA for the use of ozone on food (such as the FDA approved use of ozone on food on June 26, 2001).  By registering, the facility generating ozone machines simply confirms compliance with the FIFRA’s registration requirements.

The complete pesticide regulations (including the ones for ozone generators) can be accessed here.