Missouri-specific: Pesticide laws

Introduction

Pesticides can pose a large threat to the users and the environment. It is crucial that they are safely managed according to regulations. Often, states such as Missouri have their own pesticide laws in place. Knowing federal and state pesticide regulations can keep you in compliance and protect the safety of your workers. This Fact File explains the state of Missouri’s pesticide laws: the Missouri Pesticide Use Act and the Missouri Pesticide Registration Act. Explained here are general provisions of the Acts, record keeping requirements for certified commercial and noncommercial applicators and public operators, and a description of the penalties for violating Missouri pesticide laws.

Background

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was first approved in 1947. This Act governs the registration, distribution, sale, and use of pesticides in the United States. The Environmental Protection Agency (EPA) oversees administering FIFRA. Under FIFRA, a state can have primary enforcement responsibilities for pesticide use violations if EPA determines that the state has adopted and is implementing acceptable pesticide use laws and regulations, enforcement actions, and recordkeeping and reporting requirements.

In Missouri, FIFRA, the Missouri Pesticide Use Act, and the Missouri Pesticide Registration Act are the main acts governing the use and registration of pesticides. The Missouri Department of Agriculture’s Bureau of Pesticide Control administers these regulations. The Missouri Pesticide Use Act was signed in 1974. It was officially put into effect in 1976. It provides the legal foundation for Missouri to run its own pesticide program as provided under terms of FIFRA. The Missouri Pesticide Registration Act regulates state registration of pesticides while the Missouri Pesticide Use Act regulates the use of pesticides and licensing of applicators.

General provisions

FIFRA requires pesticide manufacturers to register each of their products with the EPA as a general use or restricted-use pesticide. Restricted-use pesticides can be used only by certified applicators or noncertified individuals working under the direct supervision of a certified applicator. But this differs greatly in Missouri. Under Missouri law, ALL users of restricted-use pesticides MUST be licensed. A restricted-use classification is applied to products that, when used in together with label directions, may cause adverse effects to people or the environment. General-use pesticides may be used by anyone, under the condition that the pesticide is used only on lands owned or rented by that person or that person’s employer. Unlike restricted-use pesticides, general-use ones are not expected to cause the adverse human and environmental effects.

Missouri Pesticide Use Act record keeping

Certified commercial and noncommercial applicators and public operators

Certified commercial applicators or their employers must keep and maintain records for the use of any pesticides. Certified noncommercial applicators and public operators must keep and maintain records for the use of restricted-use pesticides. The records must be kept for three years in good condition. The records must have the following for each application site:

• Name and license number of the certified applicator, public operator, or pesticide technician
• Application date
• Name and address of the individual requesting the pesticide use
• Address or short description of the application site
• Pest(s) controlled or prevented by the pesticide use
• Complete trade (manufacturer’s brand) name(s) from the label(s) of the pesticide(s) used The EPA registration number(s) from the label(s) of the pesticide(s) used
• Practical estimation of pesticide quantity used and, if related, the actual rate of application conveyed in sensible and understandable terms
• An estimate of time, air temperature, and average wind speed and direction at the site of outdoor pesticide applications, excluding applications for general structural pest control and termite pest control within 10 feet of a building

Penalties FIFRA vs. Missouri Pesticide Use Act

FIFRA

• Criminal penalties — Violation of FIFRA provisions is a misdemeanor. Upon conviction, a private applicator is subject to a maximum fine of $1,000 and/or 30 days imprisonment. A commercial applicator is subject to a fine of $25,000 or less and/or up to one year imprisonment.
• Civil penalties — Commercial applicators, wholesalers, dealers, and retailers may be assessed a civil fine up to $5,000 for each offense. The first violation by a private applicator will end in an EPA warning. Each offense after is subject to a fine as large as $1,000. Violations related to applications of federally registered pesticides can result in fines up to $500 for the first offense. For each offence after there may be a fine of up to $1,000. In deciding civil penalties, EPA considers the business size, how the penalty will affect the ability of the company to stay in business, and the violation severity. In cases involving only slight violations, EPA may issue a warning instead of a penalty.

Missouri Pesticide Use Act

• Criminal penalties — A misdemeanor offense may be punishable through local circuit courts by a minimum fine of $100 and a maximum fine of $5,000 or by imprisonment in the county jail for at least 30 days and as much as one year, or by both a fine and imprisonment.

• Civil penalties — Any person who violates the Missouri Pesticide Use Act may be assessed a maximum civil penalty of $1,000 for each violation by the director of the Missouri Department of Agriculture.

Applicable laws & regulations

281.005 - 281.180 RSMo and 2 CSR 70-25 – Missouri Pesticide Use Act and Administrative Rules

281.210-281.310 RSMo – Missouri Pesticide Registration Act

Related definitions

“Pesticide” means any substance or mixture of substances meant for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances meant for use as a plant regulator, defoliant, or desiccant.

“Registration” means the formal listing of a new pesticide before it can be sold or distributed in intrastate or interstate commerce.

Keys to remember

The regulations previously discussed relate to Missouri pesticides overall and not one particular pesticide. Keep in mind that there may be specific and separate regulations when it comes to certain pesticides. For example, the selective herbicide Dicamba, which comes in salt and acid formulations, has strict regulations in Missouri. In Missouri, the use of new dicamba products is banned during certain dates and times. Applicators must submit a “Notice of Application form” to Missouri’s Department of Agriculture website before each application of the new products. The dicamba products also have a smaller spraying window compared to the federal label. The products can only be sprayed from 7:30 a.m. to 5:30 p.m. Also, depending on the county, they cannot be sprayed at all after June 1st or July 15th.

Real world example

Along with separate civil and criminal pesticide penalties issued by the state of Missouri and by the EPA, the two also work together to fine companies failing to follow regulations. During an inspection to a southwest Missouri pet supply dealer, the Missouri Department of Agriculture found FIFRA violations. The pet supply dealer agreed to pay a $56,632 civil penalty to the U.S. to settle allegations that it violated FIFRA by repackaging, relabeling, and selling an insecticide meant for use on cattle and hogs as a flea and tick treatment for dogs. During the inspection, the company was ordered to immediately stop selling the repackaged pesticide. Don’t be like this company and make sure to properly follow Missouri and any applicable federal pesticide regulations to avoid hefty fines.