chapter 2 Federal Pesticide Laws and Regulations

This set covers vocabulary and key regulatory acts related to federal pesticide laws, including FIFRA, EPA responsibilities, and applicator classifications.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

What FIFRA Does

FIFRA is the main federal law that regulates pesticides in the United States.

Regulates

• Production of pesticides

• Transportation

• Sale

• Use

• Disposal

Important Amendments

• Amended in 1972, 1975, 1978, and 1988.

Purpose

• Provides the framework for the federal pesticide regulatory program.

EPA's Role

The Environmental Protection Agency (EPA) is responsible for:

• Registering pesticides before they can be sold or used.

• Authorizing pesticide products for sale, distribution, and use in the U.S.

Pesticide Registration

Before a pesticide is approved, the EPA conducts a detailed review of:

• Human health risks

• Environmental risks

• Product effectiveness and safety

EPA

Environmental Protection Agency; the federal agency responsible for registering pesticides, reviewing safety data, approving labels, and enforcing pesticide laws.

Restricted-Use Pesticide (RUP)

A pesticide that may harm humans or the environment unless applied by certified applicators or people under their supervision.

• Have higher risks to people or the environment.

• May be toxic to humans.

• May harm non-target organisms (animals, plants, beneficial insects).

• Could cause unreasonable harm if used without restrictions.

• Labeled "Restricted Use Pesticide" on the front of the product label.

• Can only be purchased or used by certified applicators.

General-Use Pesticide

A pesticide considered less hazardous that can be purchased and used by the public without certification.

• Lower risk than RUPs.

• Can be purchased by the general public.

• Do not require a pesticide certification to buy or use.

• Sometimes called unclassified-use pesticides.

Certified Applicator

• Certified applicator who uses or supervises Restricted Use Pesticides (RUPs).

• Uses pesticides to produce agricultural products.

• Applies pesticides on:

  • Their own property

  • Property they rent

  • Property they lease

Private Applicator

A certified applicator who uses or supervises pesticide use for agricultural production on land they own or rent.

Commercial Applicator

A certified applicator who uses pesticides on property other than their own for payment or business purposes.

Certified applicator who uses or supervises Restricted Use Pesticides (RUPs).

• Applies pesticides on property owned by others.

• Covers most pesticide applications that are not private agricultural uses.

The Label is the Law

A phrase indicating that using a pesticide in any way not listed on its label is illegal under federal law.

Pesticide Registration

EPA Registration

• Most pesticides sold in the U.S. must be registered by the EPA.

• Exception: some minimum-risk pesticides.

Based on Scientific Data

The EPA reviews data to make sure the pesticide will not cause unreasonable harm to:

• Human health

• The environment

• Workers

Registration Process

• Can take several years.

• Requires extensive testing and review before approval.

Reregistration

The process of reviewing older pesticides to ensure they still meet modern safety standards.

Food Quality Protection Act (FQPA, 1996)

• Amended FIFRA.

• Increased safety standards for pesticides.

Federal Food, Drug, and Cosmetic Act (FFDCA)

• Requires reassessment of pesticide tolerances.

• Ensures pesticide residues meet safety standards.

EPA Responsibilities

• Regularly reevaluates pesticides already on the market.

• Updates requirements if needed, including:

  • Labels

  • Approved use sites

  • Application rates

  • REI (Restricted Entry Interval)

  • PPE (Personal Protective Equipment)

Applicator Responsibility

• Always read the pesticide label.

• Labels can change over time.

Registration Review

A periodic EPA reevaluation of pesticides conducted as scientific knowledge changes.

Pesticide Tolerance

Definition

• The maximum amount of pesticide residue that can legally remain on:

  • Crops

  • Animals

  • Animal products

Tolerance Levels Are Based On

• Toxicity of the pesticide.

• How much pesticide is applied.

• How often it is applied.

• How much residue remains on food when it reaches the market and is prepared for eating.

FFDCA

Federal Food, Drug, and Cosmetic Act; regulates pesticide residues in food and feed products in coordination with the EPA and FDA.

FQPA

Food Quality Protection Act; a law that strengthened food safety standards by requiring the EPA to consider children's safety and cumulative pesticide exposure.

ESA

Endangered Species Act; a law that protects endangered and threatened species from pesticide harm, sometimes requiring applicators to follow county bulletins or buffer zones.

WPS

Worker Protection Standard; a regulation designed to protect agricultural workers and pesticide handlers through safety training, PPE, and decontamination supplies.

Civil Penalties

Fines assessed for violations of federal pesticide laws.

The EPA considers:

• Size of the business

• Whether the penalty would hurt the business

• Seriousness of the violation

• May issue only a warning

Other Considerations

• Any economic benefit gained from the violation

• Illegal profits or unfair gains

Criminal Penalties

Severe penalties for pesticide violations that can include larger fines and imprisonment.

Knowing (Intentional) Violation

• Fine

• Up to 1 year in prison

Private Applicator Violation

• Misdemeanor

• Fine

• Up to 30 days in prison

Pesticide Container and Containment Regulation (40 CFR Part 165)

Established in 2006

The EPA created rules for:

• Pesticide containers

• Containment structures

• Refilling containers

• Disposal of containers

Pesticide Labels

• Storage and disposal instructions are found on pesticide labels.

• Always follow label directions.

State Laws

• State laws may be stricter than federal laws.

• Always check your state's pesticide regulations.

Worker Protection Standard (WPS) Regulation (40 CFR Part 170)

Purpose

• Protects agricultural workers and pesticide handlers from pesticide exposure, illness, and injury.

Requirements

• Pesticide safety training

• Personal Protective Equipment (PPE)

• Decontamination supplies (washing and emergency cleanup supplies)

Who Must Follow WPS?

• Agricultural establishments

• Commercial businesses hired to apply pesticide

Certification of Pesticide Applicators Regulation (40 CFR Part 171)

EPA Responsibilities

• Classifies pesticides.

• Sets standards for pesticide applicator certification.

Certification Programs

• States, tribes, territories, and federal agencies create certification programs.

• Programs include:

  • Requirements to become certified

  • Recertification requirements

  • Competency standards for each category

State Programs

• All 50 states have EPA-approved certification programs.

• All states have agencies that enforce pesticide laws (usually the Department of Agriculture).

Which statement about FIFRA is false?

It prevents states, tribes, and territories from creating pesticide use laws more stringent than federal regulations.

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

They may apply and or supervise the application of restricted use pesticides

What is the purpose of pesticide registration?

Why Pesticides Are Regulated

• Pesticides can affect people, animals, and the environment.

• Regulations help ensure they are used safely and correctly.

Federal Pesticide Laws

• Applicators must know and follow federal laws related to pesticide use.

Restricted Use vs. General Use Pesticides

• Restricted Use Pesticides (RUPs) – can only be purchased or applied by certified applicators because they pose greater risks.

• General Use Pesticides (GUPs) – available to the general public and have lower risks when used correctly.

Record Keeping

• Keep accurate records of pesticide applications.

• Records help ensure legal compliance and proper pesticide management.

Which statement about federal pesticide regulation is true?

Approved pesticide labels have the force of law

Which criteria is used by EPA when establishing pesticide tolerances?

The toxicity of the pesticide and its break down products

Which action is unlawful and subject to penalties?

Detaching, altering, defacing, or destroying any part of a container or labeling

Which regulation requires employee pesticide training?

Worker protection standard

FIFRA 2(ee) Federal Insecticide, Fungicide, and Rodenticide Act

Allows

Under FIFRA 2(ee), pesticides may be used in certain ways not specifically listed on the label:

• Control a pest not listed on the label if the application site is listed.

• Use any method of application not prohibited by the label.

• Apply at a lower dosage, concentration, or frequency than listed on the label (except some termiticide uses).

• Mix pesticides with fertilizers.

• The applicator is responsible for the application.

EPA Authority

The EPA can:

• Issue civil and criminal penalties for misuse.

• Stop the sale or use of a pesticide.

• Order pesticide removal.

• Reevaluate older pesticides.

• Run certification programs for Restricted Use Pesticides (RUPs).

• Protect agricultural workers and pesticide handlers from exposure.

Unlawful acts

The following actions are prohibited under FIFRA:

• Distributing, selling, or delivering an unregistered pesticide.

• Making advertising claims not approved in the pesticide registration.

• Selling a pesticide that does not match its approved label information.

• Selling an adulterated (contaminated) or misbranded pesticide.

• Removing, changing, damaging, or destroying pesticide labels.

• Refusing to keep records or allow EPA inspections.

• Advertising a Restricted Use Pesticide (RUP) without stating its classification.

• Selling or providing an RUP to a non-certified applicator (unless allowed by law).

• Using a pesticide in a way that is inconsistent with the label.

Certification of Pesticide Applicators Regulation (40 CFR Part 171)

EPA Responsibilities

• Classifies pesticides.

• Sets standards for pesticide applicator certification.

Certification Programs

• States, tribes, territories, and federal agencies create certification programs.

• Programs include:

  • Requirements to become certified

  • Recertification requirements

  • Competency standards for each category

State Programs

• All 50 states have EPA-approved certification programs.

• All states have agencies that enforce pesticide laws (usually the Department of Agriculture).

Federal Food, Drug, and Cosmetic Act (FFDCA)

Sets pesticide residue limits (tolerances) on food and animal feed.

Food Quality Protection Act (FQPA)

• Uses a single health-based standard for pesticide residues in food.

• Requires new and existing tolerances to be reviewed.

• Gives extra protection to infants and children

Endangered Species Act (ESA)

• Makes it illegal to:

  • Kill, harm, or collect endangered or threatened species.

  • Remove endangered or threatened plants from protected federal lands.

• Helps ensure pesticide use does not threaten endangered species.

Federal Recordkeeping Requirements

USDA

• Sets federal recordkeeping requirements for private applicators.

States

• Set recordkeeping requirements for commercial applicators.

• May also have requirements for private applicators.

Why Keep Records?

• Useful if there is a complaint or lawsuit.

• Helps determine which treatments worked and which did not.

• Helps plan future pesticide purchases.

• Provides information for medical professionals if exposure occurs.

• Documents steps taken to protect workers and the environment.

• Supplies data for federal and state surveys.

Training Records Mandatory WPS (Worker Protection Standard) Records

Keep records of:

• Employee's name and SSN

• Date of training

• Training materials used and who provided the training

• Employee's signature and date signed

Compliance

• Records are required to show compliance with WPS regulations.

What are the major FIFRA sections and what do they do?

Section 3 – Registration

• Registers pesticides with EPA before they can be sold or distributed.

• EPA reviews safety, effectiveness, and labeling.

Section 18 – Emergency Exemption

• Allows use of an unregistered pesticide or unregistered use of a registered pesticide during an emergency pest situation.

• No effective alternatives are available.

Section 24(c) – Special Local Need (SLN)

• Allows states to register an additional use of a federally registered pesticide to address a specific local pest problem.

• Also called a Special Local Need registration.

Section 25(b) – Minimum-Risk Pesticides

• Exempts certain low-risk pesticides from federal registration requirements.

• Must contain approved active and inert ingredients.

Quick Memory Trick

• 3 = Registration (3 letters in "EPA" reviewing products)

• 18 = Emergency

• 24(c) = Local Need

• 25(b) = Minimum Risk