Introduction

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) helps to assure that pesticides are used and distributed in a safe manner. Certain FIFRA requirements asked of individuals and facilities can help guarantee this safety. This Fact File gives a detailed look at FIFRA. Presented here is information on the history of FIFRA, basic information related to labeling and packing, and FIFRA requirements of federal facilities.

Background

FIFRA was passed by Congress in 1947. FIFRA directs the registration, distribution, sale, and use of pesticides in the United States. Thousands of pesticide products have been registered since 1947. But the standards for pesticide registration have not remained the same. They have grown and changed with science and public policy. Worries about toxic effects of pesticides and residues on applicators, non-target species, nature, and food provoked major changes in the original FIFRA legislation. The Act has seen multiple significant amendments. One of which, was passed in 1988. Among other things, the amendments sped up the pesticide re-registration process. It authorized the collection of fees to support re-registration activities. The law also changed the Environmental Protection Agency’s (EPA’s) responsibilities and funding requirements for the storage and disposal of suspended and canceled pesticides. In addition, the Food Quality Protection Act (FQPA) was passed and signed into law on August 3, 1996 and amended FIFRA.

FIFRA basics

Normally, before a pesticide may be sold or distributed in the country, it must be registered (licensed) with the EPA. Prior to EPA registering a pesticide under FIFRA, the applicant must show that using the pesticide according to specifications “will not generally cause unreasonable adverse effects on the environment.”

All registered pesticide products must display labels that show the following information clearly and obviously:

• Name, brand, or trademark product sold under
• Name and address of the producer or registrant
• Net contents
• Product registration number
• Producing establishment’s number
• Ingredient statement
• Warning or precautionary statements
• Directions for use
• Use classification

FIFRA requires most residential-use pesticides to have a signal word of danger or warning to be in child-resistant packaging. This packaging is meant to prevent children under age five from getting access to the pesticide, or at least delay access.

FIFRA federal facility duties

In short, under FIFRA, federal facilities must:

• Sell or distribute pesticides only as set forth in FIFRA;
• Correctly follow pesticide labeling instructions;
• Use any pesticide under an experimental use permit consistent with the provisions of the permit;
• Confirm that applicators are correctly trained and, wherever essential, certified to use restricted use pesticides and are using suitable personal protective equipment;
• Appropriately manage pesticide storage facilities;
• Dispose of pesticide residues and waste in agreement with mandatory and suggested procedures;
• Uphold records of applications of restricted use pesticides, except when applied by a certified applicator who is a private contractor; and
• At facilities where pesticides are formed, sold, or distributed, permit entry, inspection, copying of records or sampling approved by FIFRA.

Applicable laws & regulations

40 CFR 156 — Labeling Requirements for Pesticides and Devices

40 CFR 157 — Packaging Requirements for Pesticides and Devices

40 CFR 170 — Worker Protection Standard

Related definitions

Package or packaging: The direct container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use or storage. The term does not include any shipping or bulk container used for transporting or delivering the pesticide unless it is the only such package.

Pesticide: Any substance or mixture of substances meant for preventing, destroying, repelling, or mitigating any pest, or meant for use as a plant regulator, defoliant, or desiccant, or desiccant, or any nitrogen stabilizer.

Unreasonable adverse effects on the environment: Any unreasonable risk to people or the environment, considering the economic, social, and environmental costs and benefits of any pesticide use. It also means any human dietary risk from residues that result from use of a pesticide in or on any food inconsistent with the standard under 408 of the Federal Food, Drug, and Cosmetic Act.

Key to remember

There are some state specifics that are important to keep in mind. EPA can exempt any state agency from any provision of FIFRA if the EPA Administrator governs that emergency circumstances that need an exemption exist. Also, states may control the sale or use of any registered pesticide within the state. But the regulation on the sale and use of the pesticide must not permit anything banned by FIFRA. Note that states cannot enforce any requirements for labeling or packaging in addition to, or unlike, those required by FIFRA. States can also register extra uses of a federally registered pesticide to meet local needs unless EPA formerly denied, disapproved, or canceled the use.

Real world example

If there is not correct facility registration and reporting, EPA cannot identify where and in what way pesticides are being produced, sold, and distributed. Correct and updated product labels are crucial for safe and proper uses of pesticides. When companies fail to follow FIFRA required responsibilities, steep fines can result. In 2013, EPA announced that a pesticide producer based in Florida agreed to pay $1,736,560 in civil penalties for allegedly distributing and selling misbranded pesticides and other violations of FIFRA. The company’s actions caused the following specific FIFRA violations:

• Selling and distributing more than 350 illegal misbranded pesticides (without labels or with illegible or inaccurate labels).
• Producing pesticides from an unregistered institution.
• Distributing or selling a pesticide in violation of an EPA issued Stop Sale, Use, or Removal Order.

Try to avoid being like this mentioned company and protect your facility, workers, and the environment from toxic pesticides that can do severe harm.