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3. Requirements and Incentive Programs for Pesticide Management

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Page Information and Links to Other Resources

This is the third of four informational sections under the area Pesticides. The following are links to other informational sections under the area Pesticides:

  1. Water Quality Problems Related to Pesticides

  2. What Is Agriculture's Contribution to Pesticide Pollution?

  3. How Can Producers Meet Requirements for Pesticide Management?

For a list of fact sheets under this area click on the following link: Pesticides Fact Sheets.

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Requirements

FIFRA

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the most important federal law that regulates pesticides and their use in agriculture. Authority to regulate pesticides is shared between federal and state government. Under FIFRA, EPA is responsible for the registration of pesticides and the regulation of manufacturing. The states are responsible for regulating the use of pesticides by end users.


Pesticide Registration

FIFRA requires that all pesticides sold or used in the United States be registered by the EPA to ensure that, when used according to the label directions, pesticides will not cause unreasonable risks to the environment or human health. The registrant must prove to EPA that the pesticide will perform its intended function without unreasonable risks to people and the environment and that when used in accordance with commonly used practice, the pesticide will not cause unreasonable risk to the environment. Potential effects on water quality are major factors in EPA registration decisions. Factors for evaluating risks include carcinogenicity, reproductive effects, immunological effects, neurological effects, impacts on ground water, impact on wildlife and fish, toxicity, and the availability of effective alternatives. FIFRA regulations apply to people who manufacture, formulate, market, distribute, use, or dispose of pesticide products.


Pesticide Classification

Under FIFRA, pesticides are classified as either general use or restricted use. This classification determines who may purchase and apply the pesticide. General use pesticides include those thought to be safer for both humans and the environment. General use pesticides may be purchased by the public without restriction.

The EPA determines whether a pesticide will be classified for restricted use based on evaluation of potential adverse effects such as toxicity to plants, animals, and humans, potential for causing cancer, reproductive disorders and allergies, and the effects on nontarget organisms through water pollution, drift, or buildup in animal tissues. Restricted use pesticides may be purchased and used only by certified applicators. Everyone who handles a restricted use pesticide, from the manufacturer to the end user, must keep and retain records. The applicator must record information about where and when the pesticide was applied and the weather conditions at the time of application. Manufacturers can also request that their own product be designated as restricted use. The designation of a pesticide appears prominently on the pesticide label.

Some active ingredients of commonly used agricultural pesticides that are currently classified for restricted use are listed in the following table:

Some Active Ingredients Used in Agricultural Pesticides

  • Aldicarb (Temik)
  • Aluminum phosphide
  • Azinphos-methyl (Guthion)
  • Amitraz (Mitac)
  • Brodifacoum (Talon)
  • Chlorophacinone (Rozol)
  • Cycloheximide
  • Carbofuran (Furadan)
  • Chloropicrin (Chlor-o-Pic)
  • Cypermethrin (Ammo, Cymbush)
  • Diallate (Avadex)
  • Diclofop methyl (Hoelon)
  • Disulfoton (DiSyston)
  • Esfenvalerate (Asana)
  • Ethoprop (Mocap)
  • Ethion fenvalerate (Pydrin)
  • Fenamiphos (Nemacur)
  • Fonfos (Dyfonate)
  • Methiocarb (Mesurol)
  • Methyl bromide

The restricted use classification can be declared at the time pesticides are registered, re- registered, or when new information indicates a high degree of hazard exists with use of the pesticide. One pesticide formulation with a high concentration of a highly toxic chemical may be classified as restricted use; while a less concentrated formulation using the same chemical may be classified for general use. A pesticide unclassified for agricultural uses may be restricted for uses in more sensitive environments, such as indoors, around livestock, or near water.

States, under section 24(c) of FIFRA, may register additional uses for pesticides to allow pesticides to be used for minor crops that the registrant chose (primarily for economic reasons) not to include on the national label. Section 24(c) labels are valid only within the states that issue the labels. EPA may disapprove a state's 24(c) supplemental label or withdraw a state's 24(c) authority if it determines that the state is not exercising adequate controls


Pesticide Labeling

A pesticide label includes all the printed information either on the container or included with the package. It provides a description of the product and how it must be used. It is a legal document that is approved by the U.S. EPA before the product can be sold. Use of a pesticide in a manner that is inconsistent with the label instructions is a violation of FIFRA. The label is the law. Civil penalties can be levied against private applicators for misuse of any pesticide.

There are four exceptions that allow applicators to vary applications from label instructions:

  1. Application of a pesticide at dosages, concentrations, or frequencies less than those specified on the label.

  2. Application of a pesticide against a target pest that is not specified on the label - if the crop, animal or site is specified on the label-- unless the label prohibits the use.

  3. Use of application methods not prohibited by the label instructions. (More recent regulations require that certain types of applications, such as chemigation, be specified on the label.)

  4. Use of pesticide mixtures, or pesticides with fertilizers if they are not prohibited by label instructions.

Follow the link for specific information on pesticide labeling.


Pesticide Applicators

Under FIFRA, there are two main types of pesticide applicators—private and commercial. In some states, additional applicator types such as noncommercial may be identified.

  • A private applicator is a person who uses, or supervises the use of, restricted use pesticides in the production of agricultural commodities on land owned or rented by him or his employer. Farmers, ranchers and orchardists are generally considered to be private applicators. Private applicators may not apply pesticides for hire and are generally restricted to property that they own or lease.

  • A commercial applicator is a person who uses or supervises the use of restricted use pesticides in a situation other than as a private applicator. Commercial applicators may apply pesticides for hire. Commercial applicator groups include agricultural pilots, landscape maintenance personnel, power company employees, government workers, grain elevator operators, and other applicators who apply pesticides as a condition of their employment. Pesticide applications made to agricultural commodities that have entered commercial channels and are no longer in production are also commercial applications.

  • A noncommercial applicator is a person who applies restricted use pesticides on the property of his or her employer or for a governmental agency or subdivision of the state. This group may include federal, state, county and city employees.

Certification is required for all applicators of restricted use pesticides. An individual under the direct supervision of a certified applicator may apply restricted use pesticides, but the certified applicator is responsible for the application practices used by the person being supervised and is liable for any violations that are committed. Applicator certification requirements for private and commercial applicators are managed by the states under delegation from EPA. Most of these programs are operated by state departments of agriculture. Certification training is often offered through Cooperative Extension. States may require more of pesticide applicators than FIFRA requires so long as those requirements are not inconsistent with FIFRA.

Examples of state applicator certification resources include:


Enforcement

Enforcement responsibilities are divided between multiple federal agencies and the states. EPA is primarily responsible for registration and regulation of manufacturers. Manufacturers must submit accurate and truthful information in support of registration, and must keep records on all pesticides manufactured and sold. EPA possesses a full range of civil and criminal penalties with which to enforce these regulations. EPA is required to keep the data that manufacturers submit in support of registration confidential in order to protect the investment that the manufacturer has in developing registration data. Each manufacturer is expected to develop their own data in support of registration even though that data may have already been developed for the same chemical by another manufacturer. EPA employees face severe penalties for unauthorized disclosures of this data.

States are primarily responsible for monitoring the compliance of pesticide applicators with FIFRA and applicable state laws. These monitoring programs are conducted by the states and tribes under cooperative agreements with EPA. State actions against farmers and other pesticide users for violations of pesticide laws constitute the single largest category of environmental violation. Over 9,000 actions are brought every year

Additional information about FIFRA requirements may be found at:


Other Federal Laws

Some other federal laws include provisions that regulate use or management of pesticides. Some of these laws include:


Federal Food, Drug, and Cosmetic Act (FFDCA)

The Federal Food, Drug, and Cosmetic Act (FFDCA) governs the establishment of pesticide tolerances for food and feed products. A tolerance is the maximum level of pesticide residues allowed in or on human food and animal feed. EPA and the Food and Drug Administration (FDA) are responsible for administering the Act. Monitoring is the joint responsibility of the FDA, EPA, and the U.S. Department of Agriculture (USDA). FDA analyzes over 12,000 food samples annually to monitor compliance with pesticide tolerances


Food Quality Protection Act (FQPA) of 1996

The Food Quality Protection Act amends both FIFRA and FFDCA, setting a tougher standard for pesticides used on food. FQPA established a single, health-based standard to be used when assessing the risks of pesticide residues in food or feed. The new safety standard is measured considering the combined risk from dietary exposure and other non-occupational sources of exposure, such as drinking water and residential lawn uses. Tolerances under the new standard. must now focus explicitly on exposures and risks to infants and children.

Other FQPA Requirements include:

  • Under FQPA, EPA may only establish a tolerance if there is "a reasonable certainty" that no harm will result from all combined sources of exposure to pesticides (aggregate exposures). FQPA also considers the combined effects of human exposure to different pesticides that may act in similar ways on the body (cumulative exposure).
  • By 2006, EPA must review all old pesticides to make sure that the residues allowed on food meet the new safety standard.
  • FQPA also requires that pesticides be tested for endocrine disruption potential. Endocrine disruptors may be linked to a variety of sexual, developmental, behavioral, and reproductive problems.
  • EPA must distribute a brochure to supermarkets discussing pesticides on foods in order to better inform the public.

Endangered Species Act of 1973 (ESA)

The Endangered Species Act of 1973 and the Endangered Species Protection Program (ESPP) protect animal and plant species that were threatened or in danger of becoming extinct, and to conserve their habitats. Some pesticide use practices may be affected where endangered species occur.


SARA/EPCRA

The Superfund Amendments and Reauthorization Act (SARA) regulates storage of pesticides and handling pesticide spills. One section of this law, the Emergency Planning and Community Right-to-Know Act (EPCRA), requires that storage of certain pesticides in amounts above a specified minimum be reported to local and state authorities so they can respond to any accident at the storage site. Failure to report may result in a court injunction or fines of up to $25,000 for each day the violation continues.

Additional information on Federal laws affecting pesticides and their use is available at:


State Laws

States regulate pesticide use through additions to local pesticide use specifications and through training and certification of pesticide applicators. In some cases, state requirements may be more restrictive than FIFRA requirements. States may also operate monitoring programs to keep track of pesticide sales and use and to look for potential contamination of ground water or surface waters with pesticide residues. You should contact your state agriculture or environmental department to learn about any state pesticide programs or regulations that may affect you or your farm.

Information on state pesticide laws and regulations can be found at:

Some examples of state pesticide regulations and regulatory programs include:

Some examples of state pesticide applicator programs include:


Worker Protection

Storage and application of agricultural pesticides may involve significant risks to agricultural workers, even when applied by certified applicators following label requirements. The 1992 Worker Protection Standard (WPS) protects over three and a half million people including agricultural workers and pesticide handlers. Effective implementation of the WPS will lower the risk of pesticide poisonings among agricultural workers and pesticide handlers. Farmers and their immediate families are exempt from many WPS standards, but farmers who employ nonfamily members must follow WPS requirements.

Requirements of the Worker Protection Standard include:

  • Information exchange. Farmers must provide information to any commercial pesticide applicator employer or crop consultant they hire concerning the specific location and description of all areas being treated with a pesticide within a quarter-mile of where the custom applicator or consultant will be working.
  • Protection during applications. Applicators may not apply a pesticide in a way that will expose workers or other persons. Workers are excluded from areas while pesticides are being applied.
  • Restricted-entry intervals. Restricted-entry intervals must be specified on all agricultural plant pesticide product labels. Workers are generally excluded from entering a pesticide treated area during the restricted entry interval.
  • Personal protective equipment. Personal protective equipment listed on the pesticide label must be provided and maintained for handlers and early-entry workers.
  • Pesticide handling equipment. Farm employers must make sure that equipment used for mixing, loading, transferring, or applying pesticides is in good condition.
  • Notification of workers. Workers must be notified about treated areas so they may avoid inadvertent exposures.
  • Decontamination supplies. Farmers must provide decontamination areas within a quarter mile of where employees are handling pesticides. Handlers and workers must have an ample supply of water, soap, and towels for routine washing and emergency decontamination.
  • Emergency assistance. Transportation must be made available to a medical care facility if a worker or handler may have been poisoned or injured. Information must be provided about the pesticide to which the person may have been exposed.
  • Pesticide safety training and safety posters. Training is required for all workers and handlers, and a pesticide safety poster must be displayed.
  • Access to labeling and site specific information. Handlers and workers must be informed of pesticide label requirements. Central posting of recent pesticide applications is required.

Providing adequate protection of farm workers' health and safety is serious business. Farmers may jeopardize product registrations or could lose their independent ability to apply specific pesticides if they or their workers don't wear the personal protection equipment required by the label. Employers whose workers don't wear safety equipment may be held liable in a civil case if a worker is injured. Growers who violate worker safety requirements are subject to civil penalties, including substantial fines.

For additional information on how to comply with WPS standards, see:


Agencies & Incentive Programs

Incentive programs exist that provide technical and financial assistance for farmers and ranchers to implement improved pesticide management on a voluntary basis.


Federal Incentive Programs

Major federal programs include:

United States Department of Agriculture (USDA) - Natural Resources Conservation Service (NRCS)

  • Agricultural Management Assistance (AMA)
    Administered by the Natural Resources Conservation Service, AMA provides cost share assistance to agricultural producers to voluntarily address issues such as water management, water quality, and erosion control by incorporating conservation into their farming operations. Producers may construct or improve water management structures or irrigation structures; plant trees for windbreaks or to improve water quality; and mitigate risk through production diversification or resource conservation practices, including soil erosion control, integrated pest management, or transition to organic farming.
  • Environmental Quality Incentives Program (EQIP)
    Provides technical and financial assistance to eligible farmers and ranchers to address soil, water, and related natural resource concerns on their lands in an environmentally beneficial manner. The program provides assistance to farmers and ranchers in complying with Federal, State, and tribal environmental laws, and encourages environmental enhancement.

    The EQIP program is funded through the Commodity Credit Corporation. The purposes of the program are achieved through the implementation of an EQIP plan of operations that includes structural and land management practices on eligible land. Contracts of up to 10 years are made with eligible producers.

    Cost-share payments may be made to implement one or more eligible conservation practices, such as animal waste management facilities, terraces, filter strips, tree planting, and permanent wildlife habitat. Incentive payments can be made to implement one or more land management practices, such as nutrient management, pest management, and grazing land management.

USEPA

  • Strategic Agricultural Initiative Grants
    The primary goal of the Strategic Agricultural Initiative (SAI) Project is to assist in Food Quality Protection Act implementation though an extensive and effective communication and partnership effort with regional pesticide user, teacher and researcher communities. The SAI provides grant funding for FQPA-related projects for state and nonprofit organizations and seeks partnerships with regulatory agencies, industry and the agricultural community. SAI grants fund projects which emphasize the use and study of reduced risk pesticides and alternatives to pesticide use.

  • Pesticide Environmental Stewardship Program
    The Pesticide Environmental Stewardship Program (PESP) is a voluntary program that forms partnerships with pesticide users to reduce the health and environmental risks associated with pesticide use and implement pollution prevention strategies. EPA started the program in 1994.
    • Partners: Organizations that use pesticides or represent pesticide users.
    • Supporters: Organizations that do not use pesticides, but have significant influence over the pest management practices of pesticide users. (Food processors, for example, may influence the use of pesticides on produce they buy, even though they do not apply pesticides to the produce themselves.) Supporters may also include public interest groups whose constituencies have a strong interest in pesticide risk reduction.
    All PESP members make a commitment to reduce pesticide risk and develop activities to achieve risk reduction.

State Incentive Programs

Some states may offer incentive programs for implementation of agricultural management practices that deal with pesticides. You should check with your state agriculture department, Extension System, or Conservation District to learn about state or local programs that could help you improve pesticide management on your farm.


Recursos del Pesticida en Español

Salud y Seguridad (Health and Safety)


Regulaciones (Regulations)


Las Mejores Prácticas de Gerencia del Pesticida (Pesticide Best Management Practices)


Pesticide Labeling | Next Section...

Links to All Sections:
  1. Water Quality Problems Related to Pesticides

  2. What Is Agriculture's Contribution to Pesticide Pollution?

  3. Environmental Requirements & Incentive Programs for Pesticide Management

  4. How Can Producers Meet Requirements for Pesticide Management?

For a list of fact sheets under this area click on the following link:
Pesticide Fact Sheets.


Last Updated: January 31, 2005 10:44


  

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