Pesticide

Scope

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. For example:

• Establishments that produce pesticides, active ingredients or devices, including companies or establishments that import into the U.S., must register and file production reports with EPA. Pesticides must be registered or exempted by EPA’s Office of Pesticide Programs before they may be sold or distributed in the United States.
• All registered pesticide products must display labels that show the following information clearly and prominently.
• Facilities that handle pesticides must adopt workplace practices designed to reduce or eliminate exposure to pesticides and must establish procedures for responding to exposure-related emergencies.
• EPA has the authority to issue permits to applicants for conducting tests that are needed to collect the information necessary to register a pesticide.
• Only certified applicators may use restricted use registered pesticides.
• EPA has the authority to establish regulations and procedures regarding pesticide storage and disposal.

Pesticides are regulated under FIFRA until they are disposed, after which they are regulated under the Resource Conservation and Recovery Act (RCRA) which ensures responsible management of hazardous and nonhazardous waste. Some pesticides are regulated as hazardous waste when disposed. Many are regulated as universal wastes.

Regulatory citations

• 40 CFR 150 to 189 — Pesticide programs
• 40 CFR 273 — Standards for universal waste management

Key definitions

• Fungicide: Pesticides which are used to control, deter, or destroy fungi. Fungi is a group of organisms lacking in chlorophyl (i.e., are not photosynthetic), such as molds, mildews, yeasts, mushrooms, and puffballs, and are usually non-mobile, filamentous, and multicellular. Some grow in soil; others attach themselves to decaying trees and other plants whence they obtain nutrients. Some are pathogens; others stabilize sewage and digest composting waste.
• Insecticide: Pesticide compounds specifically used to kill or prevent the growth of insects.
• Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating any pest including insects, weeds, rodents, fungi, bacteria, or other organisms; or use as a plant regulator, defoliant, or desiccant.
• Restricted use pesticide (RUP): Pesticides that may only be bought and used by certified pesticide applicators, who must complete required training, testing, and continuing education.
• Rodenticide: Chemicals or agents used to destroy rats or other rodent pests, or to prevent them from damaging food, crops, etc. For more details, see Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• Worker Protection Standard (WPS): A regulation aimed at reducing the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers. It contains requirements for pesticide safety training, notification of pesticide applications, use of personal protective equipment, restricted entry intervals following pesticide application, decontamination supplies, and emergency medical assistance.

Summary of requirements

Registration and labeling.

• Submit a Pesticide Registration Notice to begin the process of registering your new pesticide, new formula, or new use for an existing pesticide.
• Complete and submit an original Application for Pesticide Registration/Amendment form.
• Pay fees when you submit your application.
• Obtain an EPA Company Number before registering your first product with EPA.
• For subsequent registrations, refer to the existing company number.
• Pesticide producers who plan to register their own products must obtain an EPA Establishment Number (using EPA Form 3540-8.)
• Submit your master label to EPA for review and approval.

Pesticide management.

• Pesticide producers, distributors, or refillers follow the container specifications for nonrefillable and refillable containers.
• If you store pesticides onsite:
  • Keep pesticides in appropriate containers;
  • Provide necessary secondary containment;
  • Follow label directions;
  • Follow safety procedures; and
  • Dispose of pesticides according to federal, state, and local laws.

Worker protection.

• The agricultural employer or the handler employer, as appropriate, shall:
  • Assure that each worker or handler receives the required protections.
  • Assure that any pesticide is used in a manner consistent with the labeling of the pesticide.
  • Provide, to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protections required. Such information and directions shall specify which persons are responsible for actions required to comply with the WPS.
  • Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of the WPS and to assure that the worker or handler receives the protections required by the WPS.
  • Not take any retaliatory action for attempts to comply with the WPS or any action having the effect of preventing or discouraging any worker or handler from complying or attempting to comply with any requirement of the WPS.

Restricted use pesticides.

• Commercial and private applicators of RUPs must comply with certification and recertification requirements for each pesticide category in which they wish to be certified.
• Certified applicators must be tested and recertified every five years.
• Certified applicators must be at least 18 years of age.
• Certified applicators must supervise noncertified applicators.
• Certified applicators must ensure noncertified applicators are:
  • Trained and
  • Meet the minimum age requirements.