Chapter 2: Pesticide Laws in the United States

It is crucial to adhere to pesticide laws for personal and public safety, as well as environmental protection.
Pesticide applicators are responsible for knowing and complying with all relevant regulations.

Explain the regulation of pesticides in the U.S.
Discuss the significance of following federal laws related to pesticide use.
State the criteria for classifying pesticides as restricted use.
Differentiate between restricted use and general use pesticide classifications.
Explain the importance of maintaining accurate records of pesticide applications and employee training.

Pesticides are regulated to protect people, animals, and the environment from misuse. Compliance with regulations is mandatory.

FIFRA is the primary federal law governing pesticides in the U.S.
It regulates the production, transportation, sale, use, and disposal of pesticides.
Administered by the U.S. Environmental Protection Agency (EPA).
Originally enacted in 1947 and significantly amended in 1972, 1975, 1978, and 1988.

Establishes the framework for the federal pesticide regulatory program.
The EPA is responsible for registering or authorizing pesticide products.
Pesticide registration is based on assessing potential effects on human health and the environment when used according to label directions.
EPA-approved labeling has the force of law.

States were given the option to regulate pesticides themselves, with EPA oversight; most states, including Louisiana, chose this option.
Louisiana Department of Agriculture and Forestry (LDAF) is the lead state agency.
LDAF can impose stricter standards but cannot make them more permissive than EPA standards.

FIFRA allows applying pesticides to control a target pest not specified on the label if the site, animal, or crop is listed.
Any method of application is allowed unless prohibited by the label.
Application at a dosage, concentration, or frequency less than specified on the label is permitted, except for termiticides in preconstruction treatments.
Pesticide-fertilizer mixtures are allowed, but label instructions must be followed to avoid chemical interactions.

Applicators are responsible for any consequences resulting from applications, even if legally allowed under FIFRA.

FIFRA authorizes the EPA to impose civil or criminal penalties for pesticide misuse or unlawful acts (FIFRA Section 12).
The EPA can stop the sale or use of pesticides and seize products posing an unreasonable risk.
The EPA reevaluates older pesticides regularly (usually every ten years) to meet safety standards.
The EPA implements programs for certifying applicators of restricted use pesticides.
The EPA protects agricultural workers and pesticide handlers from occupational pesticide exposure through the Worker Protection Standard.

The EPA evaluates data to classify pesticides based on hazard levels.
Low hazard products are classified as general use or unclassified use, indicating lower toxicity and minimal threat.
Restricted Use Pesticides (RUPs) pose significant risks and exceed toxicity criteria or have special regulatory standards.
RUPs can only be sold to and purchased by certified applicators or used under their supervision.

Section 3 Registrations: Most common type; pesticides registered for general use across the U.S. States can impose further restrictions.
Section 5: Manufacturers can field test pesticides under development after obtaining experimental use permits for tests on 10+ acres of land or 1+ acre of water.
Section 24(c): State-specific or special local need registrations allow states to register new products or additional uses for federally registered products if there is a special local need and tolerance exemption under the Federal Food, Drug, and Cosmetic Act (FFDCA); the EPA can disapprove these applications.
Section 18: Emergency exemptions allow unregistered use of a pesticide in a specific area for a limited time if an emergency pest condition exists and no registered pesticide is available or effective for that site. This is especially important if the site is not listed on the label.
Section 25(b): Minimum risk pesticides exempt from registration if all active and inert ingredients are on specified lists of minimal risk ingredients.

Federally restricted use pesticides must have a Restricted Use Statement on the label.
Certification is required to use RUPs due to concerns for human/animal health or environmental impacts.
RUPs must be applied by a certified applicator or under their direct supervision.
Louisiana prohibits non-certified applicators from using certain pesticides, such as paraquat and dicamba, even under supervision.

Governs pesticide tolerances for food and feed products.
A tolerance is the maximum pesticide residue limit allowed on treated crops and animal products.

Aims to reduce the risk of pesticide poisonings, injuries, and exposure to agricultural workers and pesticide handlers.
Applies to ag workers, greenhouse, forest operation, and nursery operation workers.
More stringent requirements for operations with frequent pesticide use.
Refer to the LSU AgCenter Pesticide Safety Education webpage for more information.