--- kind: "section" citation: "40 C.F.R. § 158.2200" title: "40" number: "158.2200" heading: "Applicability." url: "https://uscodex.org/cfr/40/158.2200" --- # §158.2200. Applicability. [Part 158](/cfr/40/part158.md), [subpart W](/cfr/40/subpartW.md) establishes data requirements for any pesticide product that is: - (a) **A pesticide that is intended for use as an “antimicrobial pesticide” within the meaning of FIFRA sec.** 2(mm)(1)(A), regardless of whether it also meets the criterion of FIFRA [sec. 2(mm)(1)(B)](/cfr/40/2.md?p=mm-1-B). That criterion excludes from the definition any antimicrobial product that is intended for a food-use requiring a tolerance or exemption under FFDCA [sec. 408](/cfr/40/408.md) or a food additive regulation or clearance under FFDCA [sec. 409](/cfr/40/409.md). EPA will apply this subpart to all products intended for an antimicrobial use, purpose or function; the exclusion in FIFRA [sec. 2(mm)(1)(B)](/cfr/40/2.md?p=mm-1-B) does not exclude products from the data requirements of this subpart. - (b) A product that bears both antimicrobial and non-antimicrobial uses or claims is subject to the data requirements for pesticides in subparts C through O, R, and U or V of this part with respect to its non-antimicrobial uses and claims, and to the requirements of this subpart with respect to its antimicrobial uses and claims. - (c) A wood preservative, including a product that is intended to prevent wood degradation problems due to fungal rot or decay, sapstain, or molds. - (d) An antifoulant, including a product that is intended to kill or repel organisms that can attach to underwater surfaces, such as boat bottoms. ## Notes ### Amendments [78 FR 26978, May 8, 2013, as amended at 87 FR 22484, Apr. 15, 2022] ### Source Source: 78 FR 26978, May 8, 2013, unless otherwise noted. ### Authority Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a. ### Source Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted. ### Amendments [78 FR 26978, May 8, 2013, as amended at 87 FR 22484, Apr. 15, 2022]