Chapter 2: Federal Pesticide Laws & Regulations

Learning Objectives

• Explain how and why pesticides are regulated in the U.S.
• Discuss why applicators must know and follow federal laws and regulations.
• State why certain pesticides are classified as restricted use.
• Distinguish restricted-use pesticides (RUPs) from general-use pesticides.
• Explain the importance of accurate application and employee training records.

Why Pesticides Are Regulated

Pesticides are hazardous substances that can cause serious harm if used improperly — but they also provide socioeconomic benefits when used correctly. Federal and state laws control pesticide labeling, sale and distribution, storage, transportation, use, and disposal.

Except for human and veterinary drugs, few chemicals sold in the U.S. undergo such extensive regulatory review before being registered and marketed.

FIFRAFederal Insecticide, Fungicide, and Rodenticide Act

Congress originally enacted FIFRA and amended it in 1972, 1975, 1978, and 1988. It provides the overall framework for pesticide regulation in the U.S.

What FIFRA Does

• Authorizes EPA to register pesticide products for sale, distribution, and use.
• Makes EPA-approved labeling have the force of law — using a pesticide inconsistent with its labeling is a federal violation.
• Gives EPA authority to impose civil and/or criminal penalties for misuse (FIFRA Section 12).
• Authorizes EPA to stop sale or use of a pesticide.
• Authorizes EPA to issue removal orders and seize products posing unreasonable risk.
• Requires reevaluation of older pesticides under newer safety standards.
• Establishes the applicator certification program for RUPs.
• Protects agricultural workers and pesticide handlers from occupational exposure.

FIFRA Section 2(ee) — Label Deviations Allowed

FIFRA prohibits using a pesticide in a manner inconsistent with its labeling — but Section 2(ee) lists a few exceptions. Unless the labeling specifically prohibits them, you may:

• Apply a pesticide against a target pest not listed on the label, IF the crop, animal, or site IS on the label.
• Use any method of application.
• Apply at a lower dosage, concentration, or frequency than specified (EXCEPT for termiticides labeled for preconstruction treatments).
• Use a pesticide-fertilizer mixture.

If you use any of these 2(ee) exclusions, you are solely responsible for any consequences.

Restricted-Use vs. General-Use Pesticides

All pesticides are classified based on their potential hazards under the conditions of use. Two main classifications: restricted use and unclassified use (commonly called general use).

The restricted-use classification designation must appear prominently on the top of the front panel of the pesticide label.

The same active ingredient can appear in BOTH categories depending on formulation, concentration, application method, and intended uses. For example:

• A 70% emulsifiable concentrate used on fruit trees → may be RUP.
• A 5% granular of the same AI for turf → may be general-use.

Certified Applicators

Only certified applicators or individuals under their direct supervision may mix, load, or apply RUPs.

Two Types of Certified Applicators

To become certified, a person must demonstrate knowledge and competency — including how to read labeling and follow directions for safe, proper use. Certification programs plus RUP classification are alternatives to canceling these products outright or imposing more stringent controls.

Pesticide Registration

With rare exceptions (minimum-risk pesticides), all pesticides distributed and sold in the U.S. must be registered by EPA. Registration is based on scientific data showing the product won't cause unreasonable risks to health, workers, or the environment when used as directed.

The manufacturer (registrant) submits an application to EPA, which reviews risks and may classify the product as RUP, general-use, or leave it unclassified. Review can take several years.

Types of Registration Under FIFRA

• Federal registration — FIFRA Section 3 (the main registration).
• Special local need registrations — FIFRA Section 24(c).
• Emergency exemptions — FIFRA Section 18.
• Exemption of minimum-risk pesticides — FIFRA Section 25(b).

Once registered, the pesticide may ONLY be used consistent with its approved labeling.

Devices

A device is any instrument or contrivance (other than a firearm) intended to trap, destroy, repel, or mitigate a pest. A black light trap is an example.

• Devices do NOT need to be registered.
• BUT the establishment producing the device DOES need to be registered with EPA.
• Devices must meet certain labeling, packaging, recordkeeping, and import/export requirements.

Tolerances

Before allowing a pesticide on food crops, EPA sets a tolerance (maximum residue limit). Federal agencies monitor food and feed products for tolerance violations. Commodities exceeding the tolerance may be condemned or seized, and violators prosecuted.

Setting the Tolerance

EPA must find "reasonable certainty of no harm." It considers:

• The toxicity of the pesticide and its breakdown products.
• How much of the pesticide is applied and how often.
• How much residue remains in or on food by the time it's marketed and prepared.

Manufacturers must submit extensive scientific studies covering toxicity, likely residue levels, and other exposure sources (like home use).

Pesticide Reregistration & Registration Review

Safety standards have become stricter over the years. EPA reviews older pesticides to ensure they still meet current standards.

• Reregistration: A one-time EPA program that reviewed pesticides first registered before November 1984. Resulted in Reregistration Eligibility Decisions (REDs).
• Tolerance reassessment: Under the 1996 FQPA and FFDCA, existing tolerances and tolerance exemptions were reassessed for safety.
• Registration review: FQPA mandated this ongoing program. EPA periodically reevaluates pesticides (every 15 years typically) to verify continued safety.

Results often include labeling changes: new use sites, rates, methods, timing, restricted-entry intervals (REIs), PPE requirements, and soil-type limitations.

Violations and Federal Penalties

Unlawful Acts Under FIFRA

• Distributing, selling, or delivering an unregistered pesticide.
• Making advertising claims not in the registration statement.
• Selling a registered pesticide whose content doesn't match label data.
• Selling an adulterated or misbranded pesticide.
• Detaching, altering, defacing, or destroying any part of a container or labeling.
• Refusing to keep records or allow authorized EPA inspections.
• Making a guarantee other than on the labeling.
• Advertising an RUP without stating the product classification.
• Making an RUP available to a noncertified applicator (outside of direct supervision).
• Using a pesticide in any manner inconsistent with the labeling.

Penalties

Civil penalties may be assessed against any registrant, commercial applicator, wholesaler, dealer, retailer, or distributor violating FIFRA. EPA considers:

• Size of the business.
• How a penalty would affect business viability.
• Gravity of the violation.
• Economic benefit from illegal profits.

For minor violations, EPA may issue a warning instead of a penalty.

Knowing (intentional) violations are CRIMINAL:

Major Pesticide Regulations Under FIFRA

The primary federal pesticide regulations are in 40 CFR Parts 150–189. Three most important for applicators:

Pesticide Container and Containment Regulation (40 CFR Part 165)

Published 2006. Ensures safe use, refill, and disposal of pesticide containers. Most requirements apply to manufacturers and refillers, but commercial applicators storing pesticides in containers larger than 500 gallons may need to verify the container is surrounded by a secondary containment structure.

ALL applicators must follow the container handling and cleaning instructions in the "Storage and Disposal" section of the label.

Worker Protection Standard (WPS) — 40 CFR Part 170

WPS requires employers to provide:

• Pesticide safety training.
• Personal protective equipment (PPE).
• Decontamination supplies.
• Specific pesticide safety information displayed on the premises.
• Certain records maintained.

Applies to: owners/operators of agricultural establishments (farms, nurseries, forest operations, greenhouses producing agricultural plants) AND commercial businesses hired to apply pesticides or do crop advising on agricultural establishments.

Certification of Pesticide Applicators Regulation (40 CFR Part 171)

EPA sets standards for certifying applicators and requires states/tribes/territories/federal agencies to have EPA-approved certification plans. All 50 states have EPA-approved plans and cooperative enforcement agreements with EPA.

The state lead agency is the primary enforcement authority. Some states have structural pest control boards for that industry.

Other Federal Laws

FFDCAFederal Food, Drug, and Cosmetic Act

Governs the establishment of pesticide tolerances for food and feed products. Administered jointly by EPA and the Food and Drug Administration (FDA).

FQPAFood Quality Protection Act (1996)

Set a higher standard for pesticides on food. Established a single, health-based standard for assessing pesticide residue risk in food or feed.

FQPA considers aggregate risk — combined exposure from:

• Diet.
• Residential lawn and home pesticide uses.
• Residues in drinking water.

It also emphasizes risks to infants and children and requires an additional safety factor for data uncertainty. Key FQPA mandates:

• Establish tolerances only with "reasonable certainty" of no harm from all combined sources of exposure (aggregate exposure).
• Consider cumulative exposure — multiple pesticides acting similarly on the body.
• Review all old pesticides against the new safety standard.
• Test pesticides for endocrine-disruption potential.
• Distribute consumer pesticide-residue brochures to supermarkets.

ESAEndangered Species Act

Administered by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (jointly: "the Services"). Makes it illegal to kill, harm, or collect endangered or threatened wildlife or fish, or remove endangered/threatened plants from federal land.

EPA must ensure no registered pesticide use jeopardizes an endangered or threatened species. States implement the program with EPA.

Pesticides that might harm an endangered species carry a labeling statement directing applicators to consult a county bulletin through EPA's Internet-based "Bulletins Live!" system. Precautionary measures may include:

• Buffer strips.
• Reduced application rates.
• Timing restrictions.
• Outright prohibition in identified habitats.

Federal Recordkeeping Requirements

Application Records

States may set private applicator requirements that EXCEED USDA's. Both private and commercial applicators must know the rules for their industry.

Why Records Matter

• Invaluable documentation in a complaint or lawsuit.
• Help determine which treatments work and why.
• Help plan future purchases (buy only what's needed).
• Provide information needed by medical staff in case of exposure.
• Document steps taken to protect farmworkers and the environment.
• Used for federal and state surveys.

Employee Training Records

Training documentation is NOT currently required by federal law except under WPS — but it's a wise practice. Recommended contents:

• Employee's name and Social Security or work ID number.
• Date of the training.
• Materials used and source/provider.
• Employee's signature and date signed.

Key Terms & Acronyms Cheat Sheet

• FIFRA — Federal Insecticide, Fungicide, and Rodenticide Act. The primary pesticide law.
• FFDCA — Federal Food, Drug, and Cosmetic Act. Governs pesticide tolerances in food/feed.
• FQPA — Food Quality Protection Act (1996). Stricter food-residue standards; aggregate + cumulative exposure; infants/children emphasis.
• ESA — Endangered Species Act.
• EPA — Environmental Protection Agency. Administers FIFRA.
• FDA — Food and Drug Administration. Shares FFDCA enforcement with EPA.
• USDA — U.S. Department of Agriculture. Administers private applicator recordkeeping.
• WPS — Worker Protection Standard (40 CFR Part 170). Employee training, PPE, decon.
• RUP — Restricted-Use Pesticide. Only certified applicators or supervised persons may apply.
• Tolerance — Maximum pesticide residue allowed on food/feed.
• RED — Reregistration Eligibility Decision.
• Device — Any non-firearm instrument to trap, destroy, repel, or mitigate a pest. NOT registered (establishment IS).
• Certified applicator — Recognized by state/tribe/agency as competent to use/supervise RUPs.
• Private applicator — Certified applicator using RUPs to produce an ag commodity on own/rented/leased property.
• Commercial applicator — Certified applicator for any non-private purpose.
• Section 2(ee) — FIFRA section allowing limited label deviations.
• Section 3 — Federal registration.
• Section 18 — Emergency exemptions.
• Section 24(c) — Special local need registrations.
• Section 25(b) — Minimum-risk pesticide exemption from registration.
• Bulletins Live! — EPA online system for ESA county bulletins.
• 40 CFR 150–189 — The federal pesticide regulations.