Federal Pesticide Laws

CHAPTER 2Federal Pesticide LawsChapter 2National Pesticide Applicator CertificationCore Manual

CHAPTER 2Federal PesticideLawsThis module will help you:v Understand key federal lawsand regulationsv Understand the importance ofgood record keeping

Federal Pesticide Laws v are meant to protectpublic health and theenvironmentv regulate registration,labeling, sales,distribution, transport.,storage, application,disposal, food safety

FIFRAv Federal Insecticide, Fungicide, &Rodenticide Actv Enacted by U.S. Congress in 1947v Administered by theEnvironmental ProtectionAgency (EPA)

Environmental ProtectionAgency (EPA)v Registers and licensespesticides for usev Ensures both humanand environmentalhealth are evaluatedv Precautions andrestrictions put intoplace to preventadverse effects

EPA: Important factsv The EPA can stop the saleor use of any pesticide atany timev Labeling and packagingmust be consistentthroughout the U.S.v State law can be morerestrictive than federal law!

The EPAv Approves pesticidelabels as LEGALdocumentsv Reevaluates olderpesticides undercurrent standardsv Violators are subjectto penalties

Pesticide Classificationv General Use (or unclassified use):v normally lower toxicityv no special licenses or permits requiredv Restricted Use (RUP):v may cause adverse effects to humanhealth or the environmentv must be stated on the federal labelv sold only to certified applicatorsv applied only by certified applicators oremployees under their direct supervision

Pesticide ClassificationDifferent formulations containing the sameactive ingredient (Ai) may be classifieddifferently.For example:An emulsifiable concentrate containing 70% Ai may beclassified as Restricted UseA granular product containing only 5% Ai may beclassified as General Use or Unclassified

Pesticide ClassificationGeneral orUnclassified UseRestricted Use

Certified Applicatorsare recognized by the stateas being competent to purchase and use(or supervise the use of)restricted use pesticides.Certified Applicator

Private Applicatora certified applicator producing anagricultural commodity on owned, rented, orleased property or his employersagricultural propertyFIFRA Category – states may use different name!

Commercial Applicatora certified applicatoroperating on any other privateor public propertyrights-of-way, hospitalsgolf courses, aquatic siteshomes, businessesFIFRA Category – states may differ!

Certified Applicatorsv Only certified applicatorsor individuals under theirdirect supervision maymix, load, apply or directthe use of restricted usepesticidesv Check to make suredirect supervision isallowed in your state

Certified ApplicatorsCertification requires applicators todemonstrate broad-based knowledgeand competency in understanding labellanguage, pesticide use and handling.

Following Labelsv Certified applicatorsMUST follow the label,unless exemptions forspecific uses are listedv State and local lawsmay override theseexemptions – checkwith state and localagencies first!

Label “Rules of Thumb”v The site must be stated on the labelv The target pest does not need to be listedv Any application method may be used,unless prohibited by the labelv Applications may be made at a rate lessthan that stated on the label, not more!v Tank mixtures are OK, unless the labelsays otherwise

State Pesticide Lawsv State lead agencies enforce both federaland state pesticide lawsv Commonly the Dept. of Agriculture orthe environmental conservation agencyv State law is often more restrictive thanfederal lawv Applicators are responsible for knowingthe law, even when it changes. Stayinformed!

Pesticide Registrationsv Any product that claims tocontrol, repel, attract, mitigatea pestv Standard – Section 3v Special Local Need – 24cv Emergency Exemption –section 18v Minimum Risk – noregistration requiredv Experimental Use Permits

Special Provisionsv Special Local Needs: provides states theauthority to register an additional use of afederally registered pesticide to treat anexisting or imminent pest problem

Special Provisionsv Emergency Exemption: The use of afederally registered pesticide is granted whenan emergency pest problem arises for whichno pesticides are registered for that situation

Special Provisionsv Minimum-Risk Pesticidesv exempt from EPA review orlabel approvalv Section 25b chemical listv Experimental Use Permits(EUPs)v allow field testing of newproducts

Pest Control Devicesv Device: any instrument fortrapping, destroying,repelling, or mitigating a pest(even a black light trap)v The EPA requires theregistration of all firms andorganizations that producedevices

Pesticide Reregistrationv EPA reviews olderpesticides every 15 yearsv Products must meet safetystandards according to theFood Quality ProtectionAct (FQPA) of 1996v All products are screenedfor all routes of exposurein determining safe levelsof residues in food

Food Quality Protection Act (FQPA)v establishes food residue tolerances only whenthere is “reasonable certainty” of no harmv considers cumulative exposuresv considers greater risks to infants and childrenv mandates the review of older pesticides undernew standards – every 15 yearsv mandates testing for endocrine disruption linked to sexual, behavioral, developmental,reproductive problems

Residues & Tolerancesv EPA regulates residues and tolerancesv Residue: the amount of pesticide thatremains on food or feed at time of harvestv Tolerance: the maximum legal amount ofresidue that is allowed to remain on or intreated crops or animals that’s sold for foodor feed

Setting Pesticide TolerancesEPA considersv Toxicity of pesticide andits breakdown productsEPA reviewv Amount and frequency of applicationv Amount of pesticide remaining on food attime of market or processingv United States Department of Agriculture(USDA) information on eating habits

Pesticide Tolerancesv Residues at harvestpose “reasonablecertainty of no harm”when appliedaccording to labeldirectionsv Tolerances also applyto imported foodGoal:Safe food supply

Who enforces pesticidetolerances?v Food & Drug Administration (FDA)monitors residues on foodand feed (domestically,imports and exports)v U.S. Department of Agriculture (USDA)monitors meat and milkv State agencies alsoconduct enforcement

How does a pesticide applicator meettolerance levels?v Tolerances well within limits iflabel followedv Apply only to crops listed onthe label – no deviation!v Follow application rates!v Wait until the preharvestinterval (PHI) has passed:the number of days fromapplication until harvest orslaughter

Violations of Federal Law:v Violation: Distributing, selling,or delivering an unregisteredpesticidev Violation: Advertising not inaccordance with the labelspecificationsv Violation: Selling a registered product if itscontent does not conform with the labelinformation

Violations of Federal Law:v Violation: Selling adulteratedor misbranded pesticidev Violation: Detaching, altering,or defacing a containeror labelv Violation: Forbidding EPAinspectionsKeep accurate records!v Violation: Making a guaranteeor recommendation that does not conformto the labelv Violation: Inaccurate record keeping

Violations of Federal Law:v Violation: Making arestricted-use pesticideavailable to a non-certifiedapplicatorIs hecertified?v Violation: Advertising arestricted use pesticidewithout telling the audiencev Violation: Using a pesticide in any mannerinconsistent with its label!

Penalties for FIFRA ViolationsCivil Penaltiesv Private Applicators: 1sttime, warning; otheroffenses, up to 1000v Most applicators anddealer managers: up to 5,000 per offensev Size of operation, impactand gravity of violation allconsidered in deciding thepenalty amountCriminal Penaltiesv Misdemeanorv Private Applicators: up to 1000 and/or 30 days inprisonv Commercial Applicators:up to 25,000 and/or up to1 year in prisonv Producers: up to 50,000and/or up to 1 year inprison

THE LABELIS THE LAW!

Federal Laws to Knowv Federal Insecticide, Fungicide, andRodenticide Act (FIFRA) governs pesticide registration, sales,application, and disposalv Food Quality Protection Act (FQPA) sets tougher standards for pesticidesused on foodv Federal Food, Drug and Cosmetics Act(FFDCA) governs pesticide tolerances

The Worker Protection Standard(WPS - agriculture only)v Employers must provideprotections against possibleharm from pesticidesv Reduces pesticide risks to:v agricultural workersv pesticide handlersv Applies to owners andoperators who apply pesticideson agricultural lands, as wellas consultants

The Endangered Species Actv Administered by U.S. Fish &Wildlife Servicev Must not harm endangered orthreatened species or theirhabitatv it's illegal to kill, harm or collectendangered or threatened fish,plants, or wildlifev EPA must ensure pesticide usewill not harm endangered andthreatened speciesgolden paintbrushWA DOT

Endangered SpeciesProtection Programv Administered by statelead agencies and theEPAv Labels direct applicatorsto consult a countybulletin to check forspecial restrictions

Endangered SpeciesProtection Programv Must ensure pesticide usedoes not harm thethreatened or endangeredspecies or their habitatv Precautionary measuresmay include buffer strips,reduced application rates,timing restrictions andprohibited use in specificareasJerry Stein, NDOW

Keeping Recordsv EPA administers federallaws for commercialapplicatorsv USDA enforces federallaws for private applicatorsv State and localgovernments may havemore strict requirements

Keeping Records is Smartv Meet state and federal requirementsv Document professionalism, which can protectyou in a lawsuitv Evaluate the effectiveness of treatmentsv Help time purchases efficiently to increaseprofits and avoid costly disposal problems.v Provide information in medical emergenciesv Contribute to data that play a key role indocumenting the benefits of pesticides

Training Recordsv Keep records of pesticide training foryour employees!v Not required, but they do verify thatemployees received adequate trainingv Keep names, ID numbers, signatures,dates, copies of training materials

CHAPTER 2Summaryv Federal regulations protect humanhealth and the environmentv Applicators are responsible for knowingand complying with the lawv State and local pesticide laws are oftenmore restrictive!v State registrations and distributionv Certification and licensing

CHAPTER 2Summaryv The EPA sets pesticide tolerances afterconducting numerous studiesv The Food Quality Protection Act (FQPA)requires that EPA consider cumulativeexposures and increased risks for infantsand childrenv The FDA and USDA enforce pesticidetolerances on food and feed

CHAPTER 2Summaryv The Worker Protection Standard (WPS) protectsagricultural employees, and mandates pesticidesafety trainingv The Endangered Species Act protects endangeredand threatened species and their habitats fromadverse effects of pesticidesv Applicators must keep adequate records accordingto requirements established by the federal andstate agencies

CHAPTER 2Rememberv Follow the label– it’s the law!v It's the responsibility of applicators toknow the laws affecting their workv By complying with the law, applicatorsavoid costly penalties and ensure safe,effective pesticide use

CHAPTER 2Q1. Which federal agency sets pesticidetolerances?A.B.C.D.Environmental Protection Agency (EPA)US Department of Agriculture (USDA)Food and Drug Administration (FDA)Occupational Safety and Health Administration(OSHA)

CHAPTER 2Q2. Who can legally purchasea restricted use herbicide?1.2.3.4.certified private applicatorcertified commercial applicatorfarmergovernment employeeA. 1 onlyB. 1 and 2 onlyC. 1 and 3 onlyD. 3 and 4 only

CHAPTER 2Q3. The Worker Protection Standardaffects which groups who apply pesticides?A. Private applicatorsB. Commercial turf and landscapeapplicatorsC. Commercial seed treatersD. Commercial rights of way applicators