Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
FIFRA is a comprehensive regulatory statute that addresses the sale, distribution, and labeling of pesticides, as well as the certification and training of pesticide applicators. FIFRA also imposes selected recordkeeping and reporting requirements on certified applicators of restricted use pesticides, as well as imposing storage, disposal, and transportation requirements on registrants and applicants for registration of pesticides.
The primary purpose of FIFRA is to regulate the labeling and the subsequent use of pesticides. Pesticide use is regulated through requirements to apply pesticides in a manner consistent with the label. The labeling requirements include directions for use, warnings, and cautions, along with the uses for which the pesticide is registered (i.e., pests and appropriate applications). The labeling requirements reflect regulatory program determinations made with respect to particular products. For example, the worker protection standard (WPS) of FIFRA includes specific restrictions on the entry of workers into areas after pesticide applications, as well as requirements for use of personal protective equipment. (40 CFR Part 170). Labeling requirements also include specific conditions for application, mixture, storage, time period for re-entry to fields following pesticide application, and when crops may be harvested after applications. If a pesticide is used in a manner contrary to its labeling, that use constitutes a violation of FIFRA.
FIFRA has an array of other requirements that include recordkeeping, storage and handling, applicable to pesticide producers (registrants), and certified applicators. The intent of these requirements is to regulate the use and management of pesticides such that these products do not pose an unreasonable risk to human health or the environment.
FIFRA imposes detailed recordkeeping and reporting requirements. For example, FIFRA § 136f(b), Inspections, contains requirements that apply to producers, distributors, carriers, dealers, and persons who sell or offer for sale pesticide devices. These groups or individuals are required to allow regulatory authorities to inspect records related to the delivery, movement, or holding of pesticides including quantity, date of shipment and receipt and the name of the consignor and consignee. FIFRA § 136i-1, Pesticide Recordkeeping, requires that certified applicators of restricted use pesticides (§ 136a(d)(1)(C)) maintain records regarding the product name, amount, approximate date of application, and location of application of each pesticide used for a 2-year period.
FIFRA § 136q(a), Storage, Disposal, and Transportation, includes requirements for development of methods by registrants for safe storage, transportation, and disposal of excess quantities of pesticides, as well as the labeling to reflect this information and information on the procedures for transport, storage, and disposal of the pesticide, any container of the pesticide, and rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide. Many of these requirements also extend to suspended/canceled pesticides. FIFRA § 136q(e), Container Design, presents requirements for containers used to hold pesticides as well as procedures governing pesticide removal including disposal of rinsates and residues.
In summary, FIFRA presents a complex regulatory program for the regulation of pesticide labeling and use. The primary enforcement authority for pesticide use violations are the States, however, States may not enact more stringent labeling requirements than those specified under FIFRA. Once a particular label has been approved by the federal authority, it may not be altered or amended by a State regulatory authority. States are empowered to restrict the sale or use of a federally registered pesticide, but they may not allow the sale or use of a federally prohibited product.
Local governments may use pesticides, herbicides, and rodenticides to maintain building appearance and prevent or irradicate disease-carrying vectors. These operations may be subject to regulation under FIFRA.