Pesticide Laws and Regulations

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1 Presented by, Nevada Department of Agriculture, at the Pesticide Applicator Training and Continuing Education Workshop, October 13, 2009 in Reno, Nevada. 1

2 The Nevada Department of Agriculture has a new office at 405 South 21 st Street, Sparks, Nevada Our web site is 2

3 Both federal and state laws govern the use and application of pesticides. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) was passed in 1972 and is periodically amended or updated. It is administered by the U.S. Environmental Protection Agency and regulates the registration, manufacturing, transportation, distribution and use of pesticides. It serves as an umbrella law and each state has its own laws that may be more restrictive than FIFRA, but can not be less restrictive than FIFRA. 3

4 FIFRA requires each state to have its own certification process, which must include applicator training and/or testing in the safe and effective use of Restricted Use Pesticides. In Nevada, the Nevada Department of Agriculture provides oversight of the education and testing for both certified applicators and licensed or custom applicators. Additional education is provided by the University of Nevada Cooperative Extension. To check if a pesticide is registered for use in the state of Nevada, go to The certification manual is available at the Nevada Department of Agriculture website at Additionally, you can find the status of your certification at the Nevada Department of Agriculture Certification Databases, The Nevada Pesticide Applicators Certification workbook, the National Pesticide Applicator Certification Core Manual and additional PowerPoint presentations from both the National Core Manual and Nevada pesticide education program are available at the University of Nevada Cooperative Extension Nevada Pesticide Applicator Certification and Training Program Web site at 4

5 According to FIFRA, a Certified Applicator is any individual who is authorized by the state to use or supervise the use of a Restricted Use Pesticide. A Certified Applicator may not apply pesticides for hire. For-hire pesticide applicators are required to have a Nevada Custom Pest Control License. What does supervise mean in this case? Supervising the use of a Restricted Use Pesticides (RUP) requires that you are available for questions and concerns. This could be via telephone or walkie-talkie, but whoever is applying the RUP must be able to contact t the Certified Applicator immediately and continuously. 5

6 Certified applicators are split into two distinct categories: Private Applicators and Commercial Applicators. A Private Applicator is a Certified Applicator who uses or supervises the use of a Restricted Use Pesticide for the purposes of producing an agricultural or horticultural commodity. This includes farms, ranches, nurseries, turf farms, etc. A Commercial Applicator is a Certified Applicator who uses or supervises the use of a Restricted Use Pesticide for any purpose other than that of producing an agricultural commodity. This includes golf courses, Nevada Department of Transportation, county parks, city parks, etc. 6

7 All Certified Applicators must test initially to obtain a certification to use or supervise the use of a restricted use pesticide. The applicant must complete a 50-question general exam and at least one 20-question category exam. A score of 60% or better is required to pass each exam. 7

8 The certification period for a Certified Applicator is 4 years. After the initial certification examination, a Certified Applicator may recertify by retaking the examination or by obtaining 12 credit hours of continuing education in a four-year period before the expiration of their credential. Two credit hours must address pesticide laws. 8

9 A certified applicator is different than a licensed or custom applicator. A certified applicator uses or supervises the use of Restricted Use Pesticides. The two certification types are commercial or private. Persons with either of these certifications may not charge for applying pesticides. Licensed or Custom Applicators may apply pesticides for hire. 9

10 The card on the left is a Nevada Restricted Use Pesticide applicator certification. This certification does not permit charging for pesticide applications. The card on the right, with a photograph, is a Nevada Custom Pest Control License. This license does permit the holder to charge for pesticide applications. 10

11 Under direct supervision means the application of a Restricted Use Pesticide under the instructions and control of a Certified Applicator, even though the Certified Applicator may not be physically present at the time of the application. Make sure the label allows application by noncertified applicators. Some labels will actually specify that the product is only for use by Restricted Use Pesticide Certified Applicators. The Certified Applicator must make the actual application. They may not supervise the application by uncertified applicators. ALWAYS READ AND FOLLOW THE LABEL DIRECTIONS. Licensed Applicators must be physically present to supervise unlicensed custom applicators. 11

12 A pesticide is any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest or used as a plant growth regulator, defoliant, or desiccant. This does not include animal drugs or antibacterial hand soap, which are regulated by the Food and Drug Administration, but does includes plantincorporated pesticides. 12

13 A General Use Pesticide is a pesticide that is not likely to cause harm to human health or the environment if it is applied in accordance with label directions. These products can be purchased by anyone and are sold in a number of commercial outlets. A Restricted Use Pesticide is a pesticide that may cause harm to human health or the environment unless it is applied by a competent Certified Applicator. These products can only be purchased from licensed dealers. For both types of pesticides, users are required by law to read and follow all label instructions. 13

14 A risk assessment is done on all pesticides to determine their classification as either General Use Pesticides or Restricted Use Pesticides. The risk assessment looks at several factors, including: Toxicity. This is a measure of the potential of the pesticide to harm human health. Formulation. The concentration and physical state of the pesticide plays a role in the risks associated with any particular pesticide. The more concentrated the pesticide, the greater the risk. Liquid formulations generally have more risk associated with them than granular or dust formulations. Method of application. How the product is applied can affect the level of risk associated with the product. This includes the equipment used to apply the pesticide. For example, is the pesticide applied by a hand-held sprayer or an aircraft? An aircraft application has more risk associated with it. Site. The site in which the pesticide is used can contribute to the risk. Is the site close to human habitation? Water? Edible crops? Livestock? Potential for environmental harm. Risk assessment not only considers the potential harm to human health but also the potential harm to the environment. Could the pesticide contaminate groundwater? Is it volatile, easily spreading to nontarget plants or animals? These environmental factors are considered to be of equal concern as the harm to human health. 14

15 All pesticides are required to be registered with the U.S. Environmental Protection Agency, whether they are General Use or Restricted Use. The exception to registration is products that fall into the 25b category. These products include things like mint oil, cedar blocks, putrid egg solids, Safer insecticidal soap products, etc. These products don t require registration, but the manufacturers are not allowed to make public health claims. States must accept all U.S. EPA-registered Restricted Use Pesticides. Each state may, at its discretion, reclassify EPA General Use Pesticides as Restricted Use Pesticides. In other words, state regulations can be more stringent than the federal regulations, but they can not be less stringent. In Nevada, the only federal General Use Pesticide to be reclassified as Restricted Use Pesticide is strychnine. Nevada reclassified strychnine from a General Use Pesticide to a Restricted Use Pesticide due to unintended deaths. Any intentional misuse of a pesticide id will cause it to be reclassified from General Use to Restricted t Use in the state of Nevada. 15

16 Pesticide production establishments must be registered with the U.S. EPA. There are 20 or more production establishments in the state of Nevada. This includes any business that produces a product that claims to kill some kind of pest, including antibacterial or antifungal cleaning or janitorial products and electronic pest repellents. 16

17 The US EPA does allow emergency exemptions from registration for pesticides. An emergency condition is an urgent, nonroutine situation ti that t requires the use of a pesticide id or pesticides id and meets the following criteria: no effective registered pesticides are available no feasible alternative control practices are available the situation involves the introduction of a new pest, will cause significant economic loss, or will present significant risks to human health, endangered species, or the environment Each of these emergency exemptions has specific requirements and specific time limits for the use of the pesticide. The approval time for all but the crisis exemption is 50 days or more. Specific exemptions are issued to avert significant economic losses or a significant risk to endangered or threatened species, beneficial organisms, or the environment. This exemption may be approved for 1 year. Quarantine exemptions are issued to control the introduction or spread of a new or currently localized pest. They may be approved for 3 years. Public health exemptions are issued to control a pest that poses a significant risk to human health. This exemption may be approved for 1 year. Crisis exemptions are issued in instances when the time between discovery of the emergency and the time when pesticide use is needed is insufficient to allow for the authorization of a specific, quarantine or public health exemption. A crisis exemption allows for the use of an unregistered pesticide for up to 15 days. If the federal or state agency submits or has already submitted an application for a specific, quarantine, or public health exemption for the same use, use of the unregistered pesticide under the terms of a crisis exemption may be allowed to continue until EPA makes a decision on the exemption application. 17

18 The label is defined as the written, printed or graphic matter on or attached to the pesticide container, device or wrapper. It is very important to read the entire label. Occasionally, a label will reference a users guide, a Web site or some other form of supplemental labeling. Since it is referenced on the label, it is your legal responsibility to also acquire that supplemental labeling and follow all directions on it. 18

19 Remember you are required by law to read and follow all label directions. The following five slides provide the exemptions from this rule. 19

20 You may apply a pesticide at a concentration or frequency less than that listed on the label. The exception to this exception is termiticides, which must be applied at the label rates or concentrations. 20

21 You may apply a pesticide against any target pest not listed on the labeling if the application is being made to a crop, animal or site that is listed on the label. 21

22 You may apply pesticides using equipment or methods not listed on the label as long as it is not specifically prohibited by the labeling. Again, there is an exception to the exception in the case of chemigation systems. To apply a pesticide through an irrigation system, the pesticide label must provide directions for its use in a chemigation system. This ensures that you do not destroy the irrigation system or contaminate the water source. 22

23 The fourth exemption allows you to mix a pesticide with a fertilizer, as long as the mix is not specifically prohibited by the pesticide label. The fifth exemption allows you to mix two or more pesticides together if all pesticide dosage rates are at or below the recommended label rates and it is not specifically prohibited by any of the labeling. For both exceptions above, the mixture should be tested first to make sure there are no problems, such as a solid forming, that would interfere with a spray application. 23

24 Pesticide use includes a wide range of activities, from mixing to applying to cleaning up afterwards. It is important to read the entire pesticide label, as each stage of use may have differing personal protective equipment requirements. 24

25 States have primacy in enforcing pesticide safety laws and determining violations. States or tribes have federal authority to enforce federal laws. They may also make their individual laws more stringent than the federal law, but not less stringent. 25

26 All pesticides offered for sale must be registered with the U.S. EPA. This does not include Section 25b products, such as mint oil, cedar blocks, etc. A pesticide cannot add sites, pests it treats, or animals it may be used on after registration. This information must be provided with the original application for registration. If a pesticide manufacturer wishes to add these things to a pesticide label, the product must be re-registered. 26

27 It is unlawful to distribute any pesticide classified as Restricted Use for a purpose other than that authorized by FIFRA. It is permissible for an uncertified person to purchase a Restricted Use Pesticide for use by a Certified Applicator, but they must provide the certified applicator s name and certification number. It is unlawful to use a registered pesticide for a purpose other than that for which it was registered. It is also unlawful to use a registered pesticide in a manner inconsistent with label directions. 27

28 28

29 It is unlawful to distribute, sell or deliver a pesticide that has been adulterated. An adulterated pesticide is one whose strength or purity falls below the standard expressed on the label. A pesticide is also considered adulterated if any valuable constituent has been wholly or partially left out. 29

30 A pesticide is misbranded if the label bears any statement or design which is false or misleading, the label does not conform to EPA standards, or it imitates or is offered for sale under another pesticide s name. 30

31 Any Private Certified Applicator who violates the provisions of this act, subsequent to receiving a written warning, may be assessed a civil penalty of not more than $1,000 per count. Commercial Certified Applicators may be assessed civil penalties of not more than $5,000 per offense. Nevada penalties are much lower than U.S. EPA penalties. If the violation involves an environmental or human health issue, the fines may be significant. If the violation does not involve an environmental or human health issue, the fines are usually low or the violator receives a warning letter. If the Nevada Department t of fagriculture finds that there are repeat violations or offenses, a fine will be assessed. Fines collected go to the school district of the county in which the violation occurred. NDOA does not receive any portion of the fines. 31

32 Criminal penalties are imposed for those individuals who commit deliberate violations. 32

33 The U.S. EPA has established regulations for the containment, disposal and storage of pesticides and the rinsing, recycling and reuse of pesticide containers. All these procedures are found on the label. The Department of Transportation regulates the transportation and shipment of pesticides and hazardous waste. 33

34 FIFRA mandates regulations for the design of pesticide containers that will promote safe storage and disposal. The storage and disposal statements on pesticide labels have recently changed, so you need to read the labels, even if it a product you have used in the past. Certain sizes of containers will now contain this statement on the label: Store in original container only. You can t repackage product from the original bulk container into smaller containers on individual trucks, because the original container is needed to measure the product properly. Transportation tti requirements for individual idiid pesticides tiid are litd listed on the MSDS (Materials Safety Data Sheet). Each formulation of a pesticide brand may have different transportation requirements. 34

35 The Department of Transportation also has requirements for non refillable and refillable containers. Non refillable containers must meet DOT container design/marking requirements and residue removal standards. Refillable containers must meet DOT container design, construction, and marking standards, be identified with a serial number, and contain a tamper-evident device. Additionally, if you are carrying or transporting certain types or significant amounts of pesticides, you may be required to have a permit from NDOT, and/or a placard and/or shipping i papers. For example, fumitoxins i or fumigants are hazardous by inhalation. NDOT rules require that vehicles transporting fumigants obtain permits for transport, have placards for the vehicle and have shipping papers in the vehicle for inspection. To eliminate this added headache, NDOT and the fumitoxin producers got together and designed packaging sizes and types that eliminate the need for NDOT permits. 35

36 Labeling must identify whether the container is refillable or non refillable. If the container is refillable, the label must contain a recycling/reconditioning statement. The labeling must also contain instructions for cleaning both refillable and non refillable containers. 36

37 Here is an example of a typical disposal statement. Do not accumulate the rinsate for disposal later! It must be applied immediately. Pour the rinsate into pesticide application equipment and apply to an appropriate site, ideally the site you are working on. It should be noted here that the Nevada Department of Agriculture will take unused pesticides, but it will not accept rinsate. 37

38 Container disposal, refill and recycling requirements do not apply to household products, antimicrobial (antibacterial soaps), plant-incorporated protectants, and non agricultural use products. Smaller containers are exempt from the rules, except for the disposal statements. If there is a disposal statement on the container, you must follow it. ALWAYS READ AND FOLLOW LABEL DIRECTIONS. 38

39 Agricultural retailers, agricultural commercial applicators and agricultural custom blenders who use, formulate, produce and sell agricultural commodities in bulk quantities must comply with containment regulations. These generally apply to large, 500-gallon-sized containers, which are required to have a containment system built on or around them. These containment rules do not apply to storage of pesticides by private applicators on farms or ranches, just to commercial applicators. 39

40 The U.S. EPA evaluates old and new pesticide registrations to determine the potential for the product to leach into groundwater. States are required to develop generic pesticide management plans to prevent further degradation of state water quality that may result from the use of pesticides. This involves surface water and groundwater monitoring in the state of Nevada. Nevada has a network of monitoring wells. These are not drinking water or supply wells. These wells are drilled to the first (most shallow) aquifer, which is generally not potable. Water samples are routinely taken and analyzed. If there are pesticides id moving through the soil towards the groundwater, they will hit this shallow aquifer first. The danger can be noted and mitigated before the pesticides move deeper into drinking water aquifers. In general, contamination problems seem to occur along rights of way. 40

41 This photo shows a monitoring well near Orvada. The well was drilled to 50 feet before it encountered the first aquifer, or water-containing rock formation. 41

42 Federal courts have ruled that a NPDES permit is required to make a direct application of a pesticide product to surface water, even if the product is labeled for this use. A permit system for Nevada applicators will be in place, sometime in The State Division of Environmental Protection is working with NDOA to develop the permit process. Check the Nevada Department of Agriculture Website at for further information. 42

43 Other federal laws affect pesticide applications in the state of Nevada, including the Endangered Species Act. 43

44 The Endangered Species Protection Program is designed to reduce the exposure of endangered and threatened species from potentially harmful pesticides. Pesticide labels direct applicators to visit the bulletins live web address and consult with government agencies to determine if additional restrictions exist. 44

45 This is an example of an U.S. EPA Endangered Species bulletin. 45

46 The Worker Protection Standard (WPS) has been in effect since January The WPS is designed to reduce the risk of pesticide poisoning and related illnesses among farm workers and pesticide handlers. All pesticide products registered for use in farm, forest, nursery, or greenhouse sites must include a WPS reference statement on the label. 46

47 The WPS statement is in the Agricultural Use Requirements portion of the label. 47

48 48

49 49

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