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EPA to Regulate Nanoscale Silver Used In Washing Machines to Kill Bacteria
EPA has reversed course and decided to regulate the nanoscale silver used to kill bacteria in washing machines as a pesticide, an agency spokeswoman told BNA Nov. 20.
The decision means companies using nanoscale silver as a pesticide will have to register their product or seek an exemption from federal pesticide rules.
The agency will be publishing a Federal Register notice on the subject soon, EPA spokeswoman Enesta Jones said.
The issue has generated attention recently because of a washing
machine marketed by Samsung that injects silver ions--silver atoms stripped of
an electron--into the wash and rinse cycles to penetrate fabric and kill
bacteria without the need for hot water and bleach.
According to some wastewater utility associations, state regulators, and
environmental groups, the silver ions could kill helpful microorganisms like
plankton and possibly harm human health (93 DEN A-5, 05/15/06 ).
Jones told BNA that EPA initially classified Samsung's washing machine as a
"device"--hence the nanoscale silver used in it did not need to be registered as
a pesticide because the silver electrodes are incorporated into the equipment
and do not release silver ions until the machine passes electricity through the
electrodes.
However, she said that the agency has since reexamined its decision. "Upon this
reevaluation, we determined that the silver in the Samsung washing machine is a
pesticide because it is a substance (silver) released into the laundry for the
purpose of killing pests," she said.
According to Jones, Samsung was notified of EPA's decision by telephone. Samsung
did not return requests for comment.
EPA is working on a Federal Register notice that will outline the agency's
current position on the regulation of these washing machines, Jones said.
"The notice will state that after a date that is still to be determined, the
agency will begin to rely on this clarified statement of regulatory
requirements," Jones said. "This will provide companies time to comply fully
with this clarified notice. The agency will work with the companies to identify
data and other information needed for an application for registration."
Previous Decision 'Not a Mistake.'
Jones said that the agency's previous decision to classify Samsung's washing
machine as a device was not a mistake.
"The original Samsung decision was consistent with past precedent established
for this type of product," she said. "[However], EPA now believes that these
types of articles require registration."
She added that Samsung and other manufacturers of washing machines that use
silver ions will not be able to avoid pesticide regulations simply by
eliminating pesticide claims from their marketing materials.
"The use of silver in a washing machine in the absence of a pesticide claim
would still be problematic, given the well-established antimicrobial properties
of silver and the claims currently being made in the marketplace for the various
products that contain silver," she said. "If this situations occurs, it will be
examined on a case-by-case basis."
As for the increasing number of other products that incorporate silver to fight
microbes, such as air sanitizers and food-storage containers, Jones said that
they will have to be registered or meet a registration exemption if they make
pesticide claims.
She said that "devices," which EPA defines as products that use physical or
mechanical means to prevent, destroy, repel, or mitigate pests, do not have to
be registered. A manufacturer also does not have to register an article treated
with an EPA-registered product even if it makes a pesticide claim, as long as
the EPA-registered product is used for its registered purpose and the pesticide
claim is limited to protection of the article itself.
EPA will address on a case-by-case basis marketing claims that make public
health promises or otherwise go beyond the strict parameters for registration
exemptions, Jones said.
By Jeff Kinney