Skin or surface decides the agency
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On skin, it is a drug
An antiseptic hand wash is an over-the-counter drug product. 21 CFR 310.545 covers consumer antiseptic hand wash and body wash drug products directly, which puts germ-killing claims for skin squarely in FDA territory with everything that implies.
On a surface, it is a pesticide
EPA defines antimicrobial pesticides as substances used to destroy or suppress the growth of harmful microorganisms on inanimate objects and surfaces, and has more than 4,000 registered. A dish soap claiming to sanitize a countertop is making that claim.
Which means the use instruction can change the agency
A soap that says it cleans hands is a cosmetic. The same soap suggesting you also wipe down the counter with it, and claiming germ reduction there, has made a pesticidal claim. The product never changed.
The words that trigger it
Antibacterial, antimicrobial, sanitizes, disinfects, kills germs, kills 99.9 percent of anything. These are not descriptive adjectives in this context; each one is a regulated claim pointing at one agency or the other.
Plain cleaning claims are fine
Cleans, washes, removes grease, cuts through grime, leaves dishes streak-free. All true, all sellable, none of them a drug or pesticide claim. The honest version of this product is easier to sell than makers expect.
Check everything, not just the label
A website, a listing, a market stall card and a reply to a customer all carry claims. The label usually gets reviewed and the rest usually does not, which is where these problems live.
A product sold for both is in both regimes
A soap marketed for hands and worktops, with germ claims for each, is making a drug claim and a pesticide claim at the same time. That is a harder position than either alone and it is reached by accident more often than on purpose.