New Animal Drugs vs. Pesticide Products
FDA is the primary authority over regulations of the Food, Drug, and Cosmetics Act (FD&C Act), the primary drug regulation law. The FD&C Act defines drugs as “articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals” and “articles (other than food) intended to affect the structure or any function of the body of man or other animals.”
EPA is the primary agency providing oversight for regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the primary pesticide regulation law. FIFRA defines pesticides as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest…except that the term ‘Pesticide’ shall not include any article that is a ‘new animal drug’ within the meaning of section 321([v]) of title 21…”
New animal drugs pertain to substances used in or on mosquitoes in order to treat or prevent disease in humans or other animals, such as reducing virus in the mosquito and fall under FDA’s jurisdiction. In contrast, pesticides are substances used to control the physical population of mosquitoes, for example by killing them or by reducing the potential for reproduction and development and fall under EPA’s jurisdiction.
