Federal Pesticide Laws and Regulations
About 4 of every 50 questions on each state's practice exam (Alaska Core, Alabama General Standards, California Laws, Regulations and Basic Principles, Delaware Core, Florida Core, Georgia General Standards, Idaho Core Competency, Illinois General Standards, Illinois General Standards (Structural), Kansas General Exam, Louisiana General Standards, Louisiana Structural General Standards, Massachusetts Core, Maine Commercial Core, Missouri CORE, Montana Core, North Carolina Core, New Jersey Core, Nevada Core and Laws, New York Core, Ohio Commercial Core, Pennsylvania Core, Rhode Island Commercial Licensing, Texas General Standards (Agricultural), Texas General Standards (Structural), Virginia Core, Vermont Core, Washington Laws and Safety and West Virginia Core) come from this topic.
Sources checked
What to know
FIFRA requires a pesticide to be registered before it is distributed or sold, makes it unlawful to use a registered pesticide in a manner inconsistent with its labeling (with listed exceptions such as lower rates, unlisted pests on a labeled site and unprohibited methods), and limits restricted use pesticides to certified applicators or persons under their direct supervision. Know the difference between a private applicator (RUPs to produce an agricultural commodity on land owned or rented by the applicator or the applicator's employer, or on another producer's land when the only pay is traded personal services) and a commercial applicator (any other RUP use), and that 40 CFR 171 sets an 18-year minimum age and a certification that expires five years after issuance unless the applicator is recertified (a certifying authority may set a shorter period). Section 18 lets EPA exempt federal or state agencies in emergencies, Section 24(c) lets a state register added uses for special local needs, and states may regulate sale and use but may not add to or change federal labeling or packaging requirements. Under USDA rules, private applicators record RUP applications within 14 days and keep the records 2 years. The Worker Protection Standard covers agricultural plant production: the longest REI governs a tank mix, outdoor REIs over 48 hours require posted signs, air-blast and aerial sprays carry a 100-foot application exclusion zone, and label-referenced Endangered Species Protection Bulletins are enforceable for the month of application.
Where it comes from
- 7 U.S.C. §§ 136, 136a, 136j, 136p, 136v (FIFRA §§ 2, 3, 12, 18, 24)
- 40 CFR §§ 171.103, 171.105, 171.107
- 40 CFR § 152.170
- 7 CFR § 110.3
- 40 CFR §§ 170.405, 170.407, 170.409
- EPA, Endangered Species Protection Bulletins
Try a practice question
Under FIFRA's definition of "pesticide," which of these products counts as a pesticide even though it is not aimed at any pest?
- AA defoliant used to drop cotton leaves before harvest
- BA plastic row cover used to shield young plants from frost
- CA seed-starting mix used to improve germination
- DA soil test kit used to measure field pH levels
Show the answer
A defoliant used to drop cotton leaves before harvest. FIFRA's definition covers products meant to control pests and also products meant for use as a plant regulator, defoliant or desiccant. Growing media, row covers and test kits are none of these.
7 U.S.C. § 136(u) (FIFRA § 2(u))