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New York Approves Use of Certain Disinfectant Products Against Novel Coronavirus

As part of the State of New York’s response to the global spread of novel coronavirus (SARS-CoV-2), the New York Department of Environmental Conservation (“NYDEC”) on March 16 published a list of disinfectant products registered and approved for use in the state against the virus. This listing identifies those EPA-registered products that NYDEC has approved for distribution across the state.

In New York, a pesticide product used to disinfect surfaces or objects must first be registered with the U.S. Environmental Protection Agency (“EPA”) and then approved for use in the state by NYDEC. Disinfectants, sanitizers, and other substances intended for use on objects and surfaces against microorganisms are considered antimicrobial pesticides and cannot be sold or distributed unless they are first registered by EPA under the Federal Fungicide, Insecticide, and Rodenticide Act. However, when emerging viral pathogens like the novel coronavirus arise, few if any EPA-registered disinfectants usually specify use against them, and it can be very difficult for manufacturers to test and assess product efficacy in a timely manner in order to add these viruses to existing product registrations. EPA therefore activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides earlier this year in order to rapidly permit the distribution and use of pre-approved disinfectant products against the novel coronavirus. The Agency subsequently published a list of such pre-approved disinfectant products. 

Even after registration by EPA, disinfectant products may only be distributed for use against the novel coronavirus in New York if also approved by NYDEC. Accordingly, the Department’s newly published list identifies those EPA-approved products available for distribution in New York. NYDEC plans to update its list as EPA expands its own. 

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© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 76
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About this Author

Alan J. Sachs Regulatory Attorney Beveridge & Diamond Washington, DC
Principal

Alan’s practice focuses on the wide range of regulatory issues faced by the global agriculture, food, biotechnology, and bioenergy industries.

Practicing environmental law provides him with daily opportunities to use his legal skills and training to help clients overcome often extremely technical business and regulatory challenges in order to ensure compliance with applicable environmental requirements.

He advises numerous Forbes Global 2000 companies on the legal and regulatory requirements associated with both domestic and foreign production, and the import, export, and...

202-789-6049
Kathryn E. Szmuszkovicz Litigation Attorney Beveridge & Diamond Washington, DC
Managing Principal

Kathryn E. Szmuszkovicz litigates and provides strategic regulatory counsel.

Kathy litigates on behalf of individual companies, groups of companies and trade associations in federal and state courts across the country. She also provides alternative dispute resolution (ADR), compliance, strategic planning, and commercial services focused on the regulatory aspects of her clients’ businesses. Kathy’s practice focuses on clients who manufacture, sell, and use products regulated by EPA, USDA, FDA, DOI, DOC, and analogous state agencies under the environmental, health, and safety laws...

202-789-6037
Jack B. Zietman Regulatory Environmental Attorney Beveridge & Diamond Washington, DC
Associate

Jack litigates and practices regulatory environmental law with a focus on groundwater issues and the agriculture, food, and chemical manufacturing industries.

His representative experience includes work on products liability and environmental tort litigation, as well as regulatory counsel for products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA). He is also familiar with fishery management issues, particularly pertaining to the conservation of endangered species, and the evolving U.S. regulations of...

202-789-6036
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