Law: Federal Pesticide Laws and Regulations – Part II
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is the primary federal law governing the use of pesticides. However, there are also other federal laws that govern the handling, storage and disposal of pesticides and act to protect both the user and natural environment.
In brief, the federal laws that regulate the use of pesticides are:
- The Federal Insecticide Fungicide and Rodenticide Act (FIFRA)
- The Food, Drug and Cosmetic Act (FDCA)
- The Food Quality Protection Act (FQPA)
- The Occupational Safety and Health Act (OSHA)
- The Hazard Communication Standard (HCS)
- The Resource Conservation and Recovery Act (RCRA)
- The Transportation Safety Act
- Superfund Amendments and Reauthorization Act (SARA Title III)
- The Endangered Species Act (ESA)
Each of these laws is addressed below.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
The Federal Insecticide, Fungicide and Rodenticide Act is the primary/foundational federal pesticide law. FIFRA was enacted by congress in 1947 has been amended several times since then. The most important of these amendments, the 1972 Federal Environmental Pesticide Control Act (FEPCA), forms the foundation of both FIFRA and today’s pesticide laws and regulations.
As specified in FIFRA, the Environmental Protection Agency (EPA) is responsible for administering FIFRA. FIFRA empowers and directs the EPA with the responsibility of registering and licensing pesticides.
Under FIFRA, the EPA:
- Must follow FIFRA requirements and standards for pesticide evaluation and registration.
- Registers and licenses pesticides for use.
- Ensures both human and environmental health are evaluated.
- Makes sure precautions and restrictions are put into place to prevent adverse effects.
- Can stop the sale or use of a product at any time.
- Approves pesticide labels as legal documents.
- Reevaluates older pesticides under current standards.
- Specifies whether a product is classified as general use, unclassified or restricted use.
FIFRA:
- Requires that all labeling and packaging be consistent throughout the United States.
- Allows states to enact their own laws or rules that many times are more restrictive than FIFRA.
- Specifies that the label is a legal federal document that must be followed.
- Makes any label violation subject to federal penalties.
- Specifies that restricted use products may only be purchased by and sold to a certified applicator.
- Allows only the certified applicator or someone working under his direct supervision to apply a restricted use product.
- Specifies that a person licensed as a certified applicator within a state must have demonstrated competency in label comprehension, basic principles of pesticide safety and application and pest management.
FIFRA: The Pesticide Label
- The sight of application must be clearly stated on the label.
- FIFRA allows applicators to use alternate methods of application unless prohibited on the label.
- Users are allowed to apply a pesticide at a lower rate or less concentrated spray solution than listed on the label.
- Users are allowed to tank mix pesticides to save time and application costs unless the mixing of certain pesticides is prohibited on the label.
Violations of Federal Law
- It is a violation of federal law to sell, distribute or deliver a pesticide that has not been registered by the EPA.
- FIFRA requires that advertising be in accordance with the pesticide label and that the contents of a registered product conform to its product label.
- It is illegal to:
- sell an adulterated or mislabeled pesticide product.
- detach, alter or deface a pesticide container label.
- forbid access to an EPA compliance officer who has requested to perform an inspection.
- make a pesticide recommendation or guarantee that does not conform to the label.
- be out of compliance with recordkeeping responsibilities.
- sell a restricted use product to a person not licensed as a certified applicator.
- advertise a restricted use product without informing the audience that it is a restricted use product.
- to use a pesticide in any manner inconsistent with the label.
Food, Drug and Cosmetic Act (FDCA)
The Food, Drug and Cosmetic Act of 1938 addresses pesticide residues in food and feed crops sold in the U.S. Under this act, the EPA is required to set pesticide tolerances (maximum legal limits) in food and feed crops.
The pesticide tolerances set by the EPA under the FDCA are enforced by the Food and Drug Administration.
The Food Quality Protection Act
The Food Quality Protection Act of 1996 amended both FIFRA and the FDCA. The net effect of FQPA was to fundamentally change the way that pesticide tolerances for food are determined. Its goal has been to increase consumer protection, especially for infants and young children.
As a result of the FQPA, pesticide tolerance levels in food have been lowered.
Under the FQPA:
- Products must have their residue tolerances set at levels where there is a reasonable certainty of no harm.
- When evaluating risk, the risk assessment process considers cumulative exposures of related pesticides and accounts for greater risks to infants and children.
- Older products be reviewed every 15 years.
- Pesticides must be tested for endocrine disruption which has been linked to sexual, behavioral, developmental and reproductive
Enforcement of Pesticide Tolerances:
- While the EPA sets pesticide tolerance levels, it is the Food and Drug Administration (FDA) and United States Department of Agriculture (USDA) that enforce these tolerances.
- The EPA monitors food and feed.
- The USDA monitors milk and meat supplies.
- Each state also has an agency that is responsible for enforcing tolerance levels set for food, feed, meat and milk.
Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) requires the investigation of employee complaints related to pesticide use, reentry or accidents. In addition, OSHA requires that employers with greater than 11 employees keep records of all work-related deaths, injuries and illnesses, and to make periodic reports.
Minor injuries that require only first aid treatment do not need to be recorded. However, if an injury requires medical treatment or causes loss of consciousness, restriction of work or motion, or transfer to another job, it must be reported.
The Occupational Safety and Health Administration of the Department of Labor is responsible for administering the Occupational Safety and Health Act.
Hazard Communication Standard (HCS)
The Hazard Communication Standard (HCS) is a rule written and enforced by OSHA. It is designed to protect employees who may be exposed to hazardous chemicals, including pesticides.
This rule requires employers to:
- read and understand their responsibilities.
- make a list of hazardous chemicals in the work place.
- obtain material safety data sheets for all hazardous substances on their lists.
- label all containers.
- develop and implement a written communication program.
- conduct employee training based on the chemical list, MSDSs and labeling information.
- create a hazard communication.
Resource Conservation and Recovery Act
Under the Resource Conservation and Recovery Act (RCRA), the EPA is responsible for managing all solid hazardous wastes.
Transportation Safety Act
The Transportation and Safety Act of 1974 authorized the U.S. Department of Transportation (DOT) to regulate all transportation of hazardous materials. The regulations created to enforce the requirements of this act cover every aspect of transporting hazardous materials including packing, re-packing, handling, describing, labeling, marking, placarding and routing of hazardous materials.
An entity that transports or transfers a hazardous material such as pesticides must describe the hazardous material on a shipping paper. It is illegal for a person to transport a hazardous material without the required shipping paper.
A pesticide is considered to be a hazardous substance if the amount of its active ingredient is equal to or greater than the reportable quantity per package.
Superfund Amendments and Reauthorization Act
The Superfund Amendments and Reauthorization Act (SARA Title III) is designed to inform communities about hazardous chemicals located nearby and assist with the development of community emergency response plans.
When an entity such as a business stores a pesticide in quantities equal to or exceeding a Threshold Planning Quantity (TPQ), the State Emergency Response Commission (SERC) must be notified in writing. The entity must also name a coordinator to work with the Local Emergency Planning Committee (LEPC).
SARA Title III also specifies how and when to report an accidental release of any extremely hazardous substance and requires an entity such as pest control company to obtain and keep material safety data sheets for hazardous materials on site like pesticides and to submit copies to their local fire department. However, if a chemical is used solely for household, consumer or agricultural purpose, then notification of the local fire department is not required.
Lastly, SARA Title III requires that storage facilities must submit a chemical inventory to the local fire department for hazardous chemicals stored in quantities of 100,000 pounds or any extremely hazardous chemicals stored in quantities of 500 pounds or more. Agricultural producers are exempt from this section.
Endangered Species Act
The primary purpose of the Endangered Species Act (ESA) is to ensure that a pesticide applied according to label directions is not harmful to threatened or endangered species or their habitat. The ESA is administered by the U.S. Fish and Wildlife Service.
Under the Endangered Species Act, when registering a new product, the EPA must ensure that the label provides sufficient precautions to protect endangered or threatened species.
Other Regulations
The Federal Aviation Administration and the U.S. Department of Transportation have developed and enforce regulations pertaining to agricultural aircraft.