James Fischer writes:

"In general, if something is USED as a pesticide, then it >>IS<< "a
pesticide" under the EPA's
definitions. To drive this point home, note that the EPA Office of
Pesticide Programs was the
group that published the original "exemption from the requirement of a
tolerance for residues"
for formic acid, which can be read here:
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1997/February/Day-05/p2712.htm
So, technically, it is possible to make an accusation under a strict
reading of the law of
"using an unregistered pesticide" if one were to use formic acid as a
pesticide against mites.
The good news is that you would have a very handy defense - you could claim
that
your sole intent was to "flavor" the honey with the formic, and that any
"pest impact"
from the process was an unintentional side effect. If you could say this
with a
straight face, the "pesticide" case would be dismissed hands down.

The above seems right on target.  I asked a colleague who is trained in law
and deals with pesticide issues about using formic acid.  He told me  it's
all about "intent."  That if one uses anything with intent to kill a pest
(mite, fungus, etc.) then it  becomes a pesticide use regulated under FIFRA.

Using it as a food flavoring appears to avoid that issue.  Let's see,
perhaps we can convince the consumer using a targeted ad campaign:

For sale: Formic Acid Flavored Honey--Direct from the hive to you this
environmentally friendly honey product has a number of uses both in and
outside the bee hive (need to develop a list here--no pesticide intentions
please).  We hope you enjoy this unique  product!


Dr. Malcolm T. Sanford
Retired Extension Apiculturist,
Professor Emeritus
University of Florida, P.O. Box 110620, Gainesville, FL 32611-0620
To subscribe to the revamped Apis newsletter, see: http://apis.shorturl.com/

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