40 CFR §152.500

1. (a)A device is defined as any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than a bacterium, virus, or other microorganism on or in living man or living animals) but not including equipment used for the application of pesticides (such as tamper-resistant bait boxes for rodenticides) when sold separately therefrom.
2. (b)A device is not required to be registered under FIFRA sec. 3. The Agency has issued a policy statement concerning its authority and activities with respect to devices, which was published in the Federal Register of November 19, 1976 (41 FR 51065). A device is subject to the requirements set forth in:
   1. (1)FIFRA sec. 2(q)(1) and part 156 of this chapter, with respect to labeling;
   2. (2)FIFRA sec. 7 and part 167 of this chapter, with respect to establishment registration and reporting;
   3. (3)FIFRA sec. 8 and part 169 of this chapter, with respect to books and records;
   4. (4)FIFRA sec. 9, with respect to inspection of establishments;
   5. (5)FIFRA sec. 12, 13, and 14, with respect to violations, enforcement activities, and penalties;
   6. (6)FIFRA sec. 17, with respect to import and export of devices;
   7. (7)FIFRA sec. 25(c)(3), with respect to child-resistant packaging; and
   8. (8)FIFRA sec. 25(c)(4), with respect to the Agency's authority to declare devices subject to certain provisions of the Act.