Chapter 2: Federal Pesticide laws and Regulations

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

the federal law or statute that regulates the production, transportaion, sale, use, and disposal of pesticides.

who administrates FIFRA? When was it originally acted?

the United States Environmental protection agency (EPA), 1972

under FIFRA the EPA is responsible for….

registering or authorizing pesticide products for sale

distribution

use in the united states

FIFRA provides the framework for

the federal pesticide regulatory program

FIFRA section 2(ee) allows ___________ unless specifically prohibited by the labeling

• pesticide to be applied to a pest not specified on the label if being applied to a crop/animal/site that is listed on the label

• any method of application

• pesticide applied at a lower dose/concentration/frequency less then specified on the label (excludes termiticides for preconstruction)

  • a pesticide-fertilizer mixture

FIFRA gives the EPA the authority to ______

• impose civil/criminal penalties on a person who misuses a pesticide (or FIFRA section 12)

• stop the sale or use of any pesticide

• issue removal orders and seize products to keep them out of the market if it determines the products pose an unreasonable risk

• reevaluate older pesticides to ensure that they meet more recent safety standards

• implement programs to require the certification of applicators of restricted use pesticides

• protect agricultural workers and pesticide handlers form occupational pesticide exposure

if a pesticide exceeds one or more human health toxicity criteria, or causes unreasonable hazards for nontarget organisms, the EPA may classify it as________

restricted use

an individual who has been recognized by the state, tribe, territory, or agency responsible for regulating pesticides as being competent to use or supervise the use of restricted use pesticides

certified applicators

certified applicators who use or supervise the use of any restricted use pesticides for the purpose of producing an agricultural commodity

field and forage crops, fruit, vegetables, nursery stock, christmas trees, greenhouse plants, and livestock. ON THEIR OWN PROPERTY OR THAT IN WHICH THEY RENT OR LEASE

private applicators

individuals who use or supervise the use of any restricted use pesticides for any purpose on any property except for those listed under the definition of a private applicator

commercial applicator

________ the maximum residue limit. the amount of pesticide residue that may legally remain on or in treated crops and animals.

tolerance

what is taken into consideration when the EPA setts the tolerance of pesticides?

the pesticide can be used with reasonable certainty of no harm

• the toxicity of the pesticide and its breakdown products

• how much of the pesticide is applied and how often

• how much of the pesticide (residue) remains in or on food by the time it is marketed and preparred

reregistration

one time program to review older pesticides and ensure they meet new safety standards

the food quality protection act mandated : registration review, what is this?

the EPA periodically reevaluates pesticides to ensure that products in the marketplace can still be used safely

unlawful acts (per FIFRA) of manufacturers, sellers, distributers, and users include:

• distributing, selling, or delivering an unregistered product

• making any advertising claim about a pesticide not included in the registration statement

• selling any registered pesticide if its content does not conform to labeling data

• selling an adulterated or misbranded pesticide

• detaching, altering, defacing, or destroying part of a container or labeling

• refusing to keep records or permit authorized EPA inspections

• making a guarantee other than that specified by the labeling

• advertising an RUP without giving the product classification

• using a pesticide in any manner inconsistent with the labeling.

food quality protection agency mandates the EPA to:

• establish a tolerance only if there is reasonable certainty no harm will be caused

• review all old pesticides

• test pesticides for endocrine disruption potential (reproductive + sexual harm)

  • distribute a brochure discussing pesticides on foods to supermarkets to better inform the public

why keep application records?

• invaluable in the event of lawsuit or complaint

• help determine pesticide efficacy

• better planning for future purchases

• medical necessity

• protect workers and environment

• federal and state surveys

training records should include:

• employees name and social security or work identification number

• date of the training

• materials used and source/provider of the training

• employees’ signature and the date signed

which statement about FIFRA is false?

a. it provides the overall framework for the federal pesticide regulatory program

b. it prevents states, tribes, and territories from creating pesticide use laws more stringent then federal regulations

c. it allows applicators to deviate from the pesticide label under specific use situations.

b

under federal law, which statement about trained and certified applicators is true?

a. they may apply and/or supervise the application of restricted use pesticides

b. they must receive supplemental training before mixing restricted use pesticides

c. they are exempt from obtaining county bulletins for the protection of endangered species

a

what is the purpose of the pesticide registration and reregistration process?

a. to control the flow of new pesticide products entering the marketplace

b. to provide evidence that the pesticide will not cause unreasonable risks to human health or the environment

c. to make sure the amount of pesticide residue remaining on food and feed crops is zero

b

which statement about federal pesticide regulation is true?

a. to ensure future compliance, civil penalties are typically assessed against first-time violators

b. like pesticides, devices used to control pests mush also be registered with the EPA

c. approved pesticide labels have the force of law

c

which of the following criteria is used by EPA in establishing pesticide tolerances?

a. research data completely independent of the pesticide manufacturer’s

b. the anticipated volume of product to be sold in any given year.

c. the toxicity of the pesticide and its break down products

c

under federal law, which of the following actions is unlawful and subject to civil or criminal penalties?

a. allowing a person under the direct supervision of a certified applicator to apply RUP’s

b. detaching, altering, defacing or destroying any part of a container or labeling

c. keeping inadequate records of employees who received training on the proper use of pesticides.

b

which federal regulation requires employee training in the use of pesticides?

a. worker protection standard

b. pesticide container and containment regulation

c. food quality protection act

a