Yipes! Apparently the EPA does pursue actions against tiny online stores that sell diatomaceous earth as a pesticide. So, my labeling and rule finding efforts are worth the time. The motivation for the rules is reasonable. If I was selling something that wasn’t also approved by the FDA for human consumption, the rules would be serving their purpose. In my case the rules feel like a barrier to commerce. It is a journey to learn how to legally sell this dietary supplement as an ant killer but I am glad I am on the path because, You Need Diatoms!!
Basically it isn’t anything about the substance that makes it a pesticide, it is the labeling and how I tell you to use the substance:
See the description from the EPA website
Notice that the intended use of a product is critical to determining that it is a pesticide. EPA considers the following three areas when evaluating a product’s intent:
• Claims. Does the product’s label or distributor claim that the product can or should be used as a pesticide?
• Composition. Is the product composed of one or more active ingredients that have no commercially valuable use other than for a pesticidal purpose?
• Knowledge that the substances will be used as a pesticide. Does the distributor know that the product will be used for a pesticidal purpose?