A Bug Zapper Needs an EPA number??
I listed a Black Flag Bug Zapper, Electric UV light. Ebay removed it because it's a "Pesticide" and requires an EPA number. I contacted ebay and appealed it because it isn't a chemical pesticide, it's just a UV light zapper and ebay denied my appeal saying it's a pesticide and it requires EPA Registration. Has anyone ever heard of this before?
7 comments
ten_o_nine
·11 months agoBug zappers that use UV light and electric shock to kill insects aren't considered chemical pesticides, so EPA registration isn't required. The EPA typically regulates products containing chemicals or substances that prevent, destroy, repel, or mitigate pests. Since bug zappers work through physical means (electric shock), not chemical means, they shouldn't be subject to the same regulations. It's possible eBay's customer support doesn't fully understand the distinction between chemical pesticides and physical pest control devices like bug zappers.
hotwheelsbum
·11 months agoNo, "Registration" of this "Device" is not required. BUT, "Regulation" is enacted. And EPA even specifically states regulation is enacted to protect "the user".
From the EPA Website itself:
"For products regulated as devices, there is no required premarket review. Unlike pesticides, FIFRA does not require registration of devices. However, EPA does still regulate these products with some limited exceptions including devices that depend more upon the performance of the user than the performance of the device itself to be effective...."
Ebay Customer Support DOES fully understand this. They're not going to put themselves in a Legal situation If and WHEN one of these "Devices" harms one of their Buyers because the Buyer MISUSED the item and harmed themselves with it.
https://www.epa.gov/pesticides/pesticide-devices-guide-consumers
toysaver
·11 months agoSome zappers have a filter that has pesticides in it. I guess the bugs are really dead then.
Pesticide Devices: A Guide for Consumers | US EPA
nks_deals
OP11 months agoper ebay customer service chat:
Based on the appeal details, this item requires an EPA number under our pesticides policy.
These type of items can be dangerous to people, animals, and the environment and are strictly regulated by the government, so we have rules about selling them on our site.
wow....
hotwheelsbum
·11 months agoWell, if you Google "Are Bug Zappers regulated by the EPA?"
Here is the results (AI Overview):
"Yes, bug zappers are regulated by the U.S. Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)because they are considered "pesticide devices" that use physical means to destroy pests. While they are not subject to the same registration requirements as chemical pesticides, they must adhere to FIFRA regulations regarding labeling, must be produced at EPA-registered establishments, and producers must follow import rules."
Falls under the same fight as I had with Ebay Appeals when they took down a CPAP "Accessory/Part", then gave me a Warning for listing a Prescription Item when it was NOT a Prescription Required item to sell. A part that could be bought off the shelf at any Medical Supply House. CPAP Machines and Masks all require Prescriptions, which Ebay does not allow to be sold on their site, and since all these "Parts and Accessories" go to that PRESCRIPTION DEVICE, you're not allowed to sell those NON-PRESCRIPTION related to CPAP Machine parts and accessories also. Guess same applies here. Ebay is using AI Results lumping ALL "Pesticide Devices" together, whether the item actually contains "Pesticides" or not.
And to OP. Appeals are Non-Existence at Ebay. Don't even bother.
tobaccocardyahoo
·11 months agoTurning you down was the easiest decision they could make.
Now that you have appealed and been turned down, you should weigh the risk of whether to try to list again. You could be treated as a repeat offender, seems like hardly enough money to justify the risk.
I have made a similar decision to give up when put in a similar situation. It is not worth the risk.
gator08041971
·11 months ago@nks_deals
Well, that's new.
I actually bought one on eBay last year. Don't recall anything about an EPA deal on it though. But no, never heard of it, but that doesn't mean anything.
If you change your wording and info, it will probably be allowed to list. For example, the words Black Flag. That is a known company brand, that also makes chemical sprays. Use just BF instead.