for Private Applicators

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS for Private Applicators Pesticide Education Program

CONTENTS Learning Objectives... 1 Overview of Pennsylvania Pesticide Laws and Regulations... 3 Pennsylvania Pesticide Control Act of 1973, as Amended... 4 Pennsylvania Title 7 Chapter 128 Pesticide Regulations... 6 Record-Keeping for Pesticide Applications...6 Fumigation by a Private Applicator...6 Worker Protection Standard for Agricultural Pesticides... 7 Pesticide Container and Containment Regulations... 8 Additional Laws... 8 The Label Is the Law and So Are a Few Other Things... 9 Handling, Transportation, Storage, Use, and Disposal of Pesticides...9 Summary... 10 Review Questions... 11 Answers to Review Questions...14 Appendix...15

Pennsylvania Pesticide Laws and Regulations for Private Applicators Compiled by Dave Scott, Chief, Division of Health and Safety, Pennsylvania Department of Agriculture LEARNING OBJECTIVES Understand the requirements for private applicator certification Know the requirements for maintaining applicator certification Know the application recordkeeping requirements Know the special requirements for using restricted-use fumigants Understand the impact of the federal Worker Protection Standard (WPS) on your activities

OVERVIEW OF PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS Chemical pesticide use has increased over time, not only in the United States, but worldwide. The benefits of pesticides to humans have been demonstrated. They have helped to control malaria and other insect-vectored diseases, increase the yield and quality of numerous crops, resulting in more food and fiber for more people, and control nuisance pests. However, the wide-scale use and misuse of pesticides is of worldwide concern because of associated human health and environmental problems. Both the U.S. Congress and the Pennsylvania legislature have enacted legislation that regulates the production, transportation, sale, use, and disposal of pesticides. The major federal laws are the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Worker Protection Standard (WPS), and the Pesticide Container Containment Regulations. The major state laws include the Pennsylvania Pesticide Control Act of 1973 (Act 24), which became law March 1, 1974, and fully operational in October 1977. This statute was amended significantly in December 1986 with the passage of Act 167 and the supporting regulations in Title 7 Chapter 128, as amended. Finally, Acts 35 and 36 of 2002, the School IPM and School Notification Acts, were enacted in Pennsylvania to provide additional protection for children. In order to protect the public health and welfare and prevent adverse effects on the environment, pesticides must be regulated. The purpose of the federal and state pesticide acts is to regulate in the best interest of the public. These laws regulate the labeling, sale and distribution, transportation, use and application, storage, and disposal of pesticides. In essence, pesticides are under regulatory scrutiny from the time of their inception in the laboratory to their ultimate use in the field or their disposal in an approved manner. With the possible exception of human and veterinary drugs, no other class of chemicals receives such extensive testing in the United States prior to being registered and marketed. The following sections provide important details of the Pennsylvania Pesticide Control Act of 1973, as amended; the Worker Protection Standard; and the Pennsylvania Title 7 Chapter 128 Pesticide Regulations. Please note that the entire content of these laws and regulations are not covered here and one should refer to the actual laws and regulations to answer any questions. The laws and regulations discussed in this chapter can be accessed from the Penn State Pesticide Education Program website at extension.psu.edu/pested/laws. 33

PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973, AS AMENDED The amended Pennsylvania Pesticide Control Act of 1973 is a companion bill to FIFRA. The state act defines how FIFRA and the state statute will be administered and regulated. The major aspects of the act include the following sections. Section 4. Definitions This section defines the terms used in this act, including the difference between a private applicator and a commercial applicator. Section 5.1. Registration Every pesticide used in Pennsylvania must first be registered with the PDA. Section 7. Determinations: Rules and Regulations, Classified for Restricted Use, and Uniformity The secretary is authorized to adopt a list of restricted-use pesticides for the Commonwealth. This list contains all those pesticides classified by the Environmental Protection Agency (EPA) for restricted use and those added by the secretary to protect the health and welfare of the citizens of the Commonwealth. Section 8. Prohibited Acts No one shall deliver or transport within Pennsylvania any pesticide unless it is in a sound original container with a label attached. No person shall use, or cause to be used, any pesticide inconsistent with its labeling. No person shall handle, transport, store, display, or distribute pesticides in such manner as to endanger persons or the environment or endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides. For example, do not transport bags of toxic insecticides on top of a load of livestock feed or store pesticides with bags of feed. No person shall dispose of, discard, or store any pesticide or pesticide containers in such manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects or pollute any water supply or waterway. No person shall operate pesticide application equipment or devices in a faulty, careless, or negligent manner. No individual shall purchase or attempt to purchase a pesticide classified for restricted use, unless the individual is a certified applicator. No one shall refuse to keep and maintain required records on the transportation, sale, and use of pesticides. No person shall engage in the business of applying pesticides on the lands of another without first obtaining a current, valid license pursuant to the provisions of this act. Section 9. Denial, Suspension, and Revocation of Licenses, Permits, and Certificates Persons found in violation of the act or its regulations may have their applicator s certification suspended or revoked after being given an opportunity to present their views to the secretary. Section 12. Pesticide Dealer License All pesticide dealers who sell restricted use pesticides must be licensed and maintain required records of sales. Section 20. Reports of Pesticide Accidents, Incidents, or Loss Significant pesticide accidents or incidents must be reported. Section 21. Inspection of Equipment Equipment used for application of pesticides may be inspected. Section 23.1. Temporary Suspensions The secretary may temporary suspend a license or certificate for just cause. Section 24. Storage and Disposal of Cancelled Pesticides Pennsylvania will use the procedures and regulations of the EPA for the safe disposal or storage of any pesticide that has had its registration cancelled. 4

Section 25. Pesticide Advisory Board The governor will appoint members including growers to a Pesticide Advisory Board to advise the secretary on problems relating to the use and application of pesticides in the Commonwealth. Section 29. Criminal Penalties Allows for criminal penalties for unlawful conduct under the act. Section 30.1. Civil Penalties This section discusses the civil penalties the secretary may assess upon an individual or business. Section 35. Records The secretary may require records to be kept by persons issued a license, certificate, or permit under the act. Section 37. Delegation of Duties Exclusion of Local Laws and Regulations This act and all its various provisions are of statewide concern and, therefore, involve the whole field of regulation, distribution, notification of use, and use of pesticides to the exclusion of all local regulations and ordinances. Section 33. Enforcement Pesticide inspectors are authorized to sample and examine pesticides or devices on any public or private premises. They may also: Have access to inspect pesticide application equipment Inspect lands exposed to pesticides Inspect storage and disposal areas Inspect or investigate complaints of injury to humans and land Sample pesticides being applied or to be applied 55

PENNSYLVANIA TITLE 7 CHAPTER 128 PESTICIDE REGULATIONS As provided for in the amended Pennsylvania Pesticide Control Act of 1973, PDA has promulgated regulations through the years to provide for the protection of the public and environment and provide direction to applicators. These regulations are founded in the act and are enforceable. This section will provide a basic review of the regulations, including the areas where the majority of the enforcement actions have occurred, but the entire requirements will not be covered. The regulations outline the requirements for a person to purchase/use a restricted-use pesticide (RUP) for use in the production of an agronomic crop. The private pesticide application permit (certification) is available to growers wishing to use RUPs on property that they own or rent or the property of their employer for the purpose producing some type of crop. Crop, as used here, is a broad term including but not limited to the usual field crops, vegetables, fruits, forests, flowers, greenhouse, and nursery stock. Private applicator certification is obtained by passing a proctored written examination. Once certified, applicators are required to complete continuing education classes every three years prior to renewing their certification. All applicators must obtain three hours or six credits of core training and three hours or six credits of category (PC Private Category) training. Should a certification lapse due to a nonpayment of fees or lack of recertification credits, the applicator will be given a oneyear grace period to correct the deficiency and have their certification reinstated. Pesticide applications that require certification are not permitted with a lapsed certification. If the deficiency is not corrected within one year, the certification will expire and retesting will be required to reactivate the certification. Record-Keeping for Pesticide Applications Applicators are required to keep records of all RUP applications they make. This record must be completed within 24 hours of the application and maintained for at least three years. These records must be made immediately available to PDA upon request and to medical personnel in an emergency. The records must contain the following information. (See the Record-Keeping Sample form in the Appendix.) Date of application and the time completed if there is a reentry time on the product label Place of application, including the name and address of the farm and the specific field or land area and the crop treated Size of the area treated Brand name, EPA registration number, and dosage or rate of every restricted-use pesticide used The total amount of every restricted-use pesticide used in pounds, ounces, gallons, or liters applied to a treated area The names and the permit or certification numbers of the persons making or supervising the application (When applicable, the name(s) of the noncertified applicator(s) acting under the direct supervision of the private applicator shall be recorded.) When the Worker Protection Standard covers your operation, you are required to keep records for all pesticide applications, not just restricted-use pesticides, and have them available to employees without restriction at your central posting site. Fumigation by a Private Applicator Because of the acute toxicity and unique properties of fumigant materials, private applicators that wish to use fumigants in addition to the passing the private applicator certification examination must also pass a special examination in the proper fumigation category. This special category is required to purchase or attempt to purchase or use a restricted-use fumigant product. Private applicators that need to use commodity and space (Category 20) or soil (Category 21) fumigants must demonstrate competence in the proper and safe use of these fumigant materials. Competency shall be demonstrated by passing a proctored written examination specifically relating the type of fumigant the applicator intends use. To retain the fumigant category the applicator must complete an hour or two of continuing education credits that relate to their fumigation category prior renewing their certification. 6

WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES The Worker Protection Standard (WPS) affects all producers of agronomic crops, not just field crops. WPS covers any plant or plant part grown for sale or distribution. If you apply any pesticide (not just RUPs) and employ any workers (this includes some immediate family members), have your spray equipment serviced, or contract with a custom applicator, then parts of the WPS will apply to you. The EPA-revised WPS establishes regulations for the protection of agricultural workers from pesticide exposure (40 CFR Part 170). The WPS includes requirements designed to reduce the risks of illness or injury to agricultural workers and pesticide handlers from occupational or accidental exposure to pesticides in the production of agricultural plants on farms, nurseries, greenhouses, and forests. The WPS expands the scope of prior worker protection regulations to include workers performing hand-labor operations in fields, orchards, nurseries, greenhouses, forests, etc., treated with pesticides, as well as employees who handle (mix, load, apply, etc.) pesticides for use in these operations. EPA developed these rules with non-english-speaking workers specifically in mind. Safety warnings, information, and training must be given in a manner and language the worker can understand. There has been confusion over who may be exempted from some of the WPS provisions by virtue of being related to the owner of the establishment. The following persons are considered immediate family members: spouse, brothers and sisters, children, step-children, foster children, parents, step-parents, and foster parents. However, all WPS and other pesticide label requirements (personal protection equipment, restricted-entry interval, etc.) still apply to these individuals. The WPS requires that information be provided to pesticide handlers and agricultural workers in the following manner: Give notification of a pesticide application and restricted-entry intervals, either orally or by posting, or both. (All pesticides used on farms, nurseries, greenhouses, and forests must have at least a four-hour restricted-entry interval [REI]; some have over 48 hours.) Provide full pesticide safety training within first five days and every five years using EPA-approved materials. (Pennsylvania requires the trainer to be a certified applicator.) Place the WPS pesticide safety poster in an area with unrestricted access where it can be easily seen by all workers and handlers (i.e., central location). Inform pesticide handlers and early entry workers of pesticide label safety information. Establish a centrally located listing of pesticide applications made on the premises for 30 days following the end of the REI. Provide application information exchange among custom applicators, growers, employees, and equipment repair persons. WPS is more than just the exchange of information. Label-specific requirements include statements specifying what personal protective equipment must be provided, maintained, and worn; REIs; and special requirements for early entry into treated areas. Generic requirements are intended to eliminate or reduce exposure to pesticides and inform employees about the occupational hazards of pesticides. The employer must make sure that employees are provided with the following for their protection and use: Decontamination facilities within ¼ mile of their work location Emergency-use water and cleaning supplies Eye wash within easy reach of applicators Pesticide safety training and information Notification of pesticide applications and information about the pesticide(s) used Clean and properly maintained personal protective equipment Emergency-assistance when required Should you require a commercial applicator to make an application to your property you are required to inform the applicator of where you have made applications within the past 30 days and they must provide you with information on their applications to pass onto your employees. Similarly, if the equipment used in pesticide application needs serviced or repaired you must inform the repair person of the types of pesticide residue they might encounter on the equipment. 77

PESTICIDE CONTAINER AND CONTAINMENT REGULATIONS Most of this rule applies to the design of pesticide container and storage facilities at dealers and distributors. This regulation, which will be phased in over a period of years, requires pesticide containers to be designed to pour in a continuous stream (no glugging ) and when properly rinsed, 99.99 percent of all of the material in the container must be removed. Dealers and distributors must provide for secondary containment and fill pads for storage tanks and transfer areas. Pesticide users are required to triple rinse or power rinse all nonrefillable containers promptly after empting. ( Promptly means using the rinse water generated from cleaning the container as part of the spray mixture.) These clean containers should then be offered for recycling where available. (Check with your dealer to see if they participate in the PDA s Plastic Pesticide Container Recycling Program.) If you are using returnable/refillable containers such as mini-bulks, you need only to return them to the dealer who is responsible for cleaning and refilling. ADDITIONAL LAWS The following federal and state laws also regulate pesticides. The Federal Food, Drug, and Cosmetic Act (FFDCA) oversees the establishment of food and feed product pesticide tolerances, which is the maximum level of pesticide residues allowed in or on human food and animal feed. The EPA and the Food and Drug Administration (FDA) administer this act. The Resource Conservation and Recovery Act (RCRA) regulates the disposal of hazardous wastes. This law is administered by the EPA nationally and the Pennsylvania Department of Environmental Protection. The Superfund Amendments and Reauthorization Act of 1986 (SARA), of which Title III is commonly known as the Emergency Planning and Community Right-to-Know Act of 1986, establishes procedures for emergency planning preparedness and reporting of specific quantities of stored or spilled hazardous chemicals, including pesticides. This act is administered by the EPA nationally and the Pennsylvania Emergency Management Agency. Each county also has an emergency planning committee. The Pennsylvania Worker and Community Right-to-Know Law requires that employers provide employees and other interested parties with certain pesticide use and safety information. The Pennsylvania Department of Labor and Industry administers this law. The Pennsylvania Fish and Boat Commission and the Department of Environmental Protection regulate the use of pesticides in any aquatic environment. 8

THE LABEL IS THE LAW AND SO ARE A FEW OTHER THINGS Handling, Transportation, Storage, Use, and Disposal of Pesticides A person may not use, handle, transport, store, dispose, display, or distribute a pesticide in a manner that endangers people or their environment or contaminates food, feed, feed supplements, medications, fertilizers, seed, or other products that may be handled, transported, stored, displayed, or distributed with the pesticides or otherwise is in conflict with state or federal laws or regulations. A person may not use, or cause to be used, a pesticide inconsistent with its labeling. A pesticide label containing an advisory instruction concerning the use of the pesticide being an environmental hazard shall be considered by the secretary as a further restriction on the pesticide s use. An application of a pesticide may not be made where weather conditions are such that it can be expected that the pesticide will move off the proposed application site. A person may not dispose of, store, or receive for disposal or storage a pesticide, a pesticide container, or pesticide container residue in a manner that does one or more of the following: Is inconsistent with its label or labeling Violates an applicable state or federal act or regulation Causes or allows dumping of pesticides in sewers or surface waters of the Commonwealth, except in conformance with permits issued by the Department of Environmental Protection, the Fish and Boat Commission, or other Commonwealth agencies having jurisdiction regarding water pollution Causes or allows the open dumping of pesticides or pesticide containers All pesticide containers must be triplerinsed or equivalent pressure rinsed and free of all visible pesticide residues, empty, and punctured prior to disposal. Plastic pesticide containers should be offered for recycling or reconditioning where programs are available. If not, they may be disposed of in a sanitary landfill, by incineration, or if the Commonwealth and local regulations permit, by open burning. Open burning of combustible containers is prohibited for those pesticide containers that held organic mercury, chlorates, lead, cadmium, or arsenic compounds. Where open burning is the only option for disposal, no more than 10 pounds of pesticide containers may be burned in any 24-hour period and regard shall be given to wind direction in relation to the protection of crops, animals and people from pesticide vapors created through burning. A person may not use, or cause to be used, a pesticide inconsistent with its labeling. A pesticide containing an advisory instruction concerning the use of the pesticide subject to the federal Worker Protection Standard shall be considered by the secretary as a further restriction on the pesticide s use. A person may not use a pesticide in a manner that results in unwanted residues on the property of another, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public. A person may not apply a pesticide unless it has been registered by the PDA or it is used under the provisions of an experimental use permit or research conducted under an exemption from an experimental use permit. A person may not store, transport, or otherwise possess a pesticide in a service container unless the service container is legibly marked to indicate the name and percentage of active ingredients and is accompanied by a readily available copy of the registered label that represents the pesticides contained therein. The following exceptions apply: Service containers containing pesticide end-use dilutions when the containers are used as application devices Service containers containing pesticide end-use dilutions which are required by other regulations to have pesticide label information accompany them Service containers containing pesticide end-use dilutions when the containers are used as nurse tanks (with a capacity greater than 55 gallons) in the production of an agricultural commodity A person may not place or keep a pesticide in a container, which has been labeled for food or drink 99

SUMMARY Pesticides have long been recognized as important tools for use in food, feed, and fiber production; disease, weed, and insect control; and for the protection of the public health. Both federal and state laws and regulations are in place to achieve common goals of providing for the production, sale, and use of pesticides while protecting human health and the environment. Applicators of pesticides must be aware of and follow several laws and regulations as discussed. The following list encompasses the majority of penalties issued following applications gone wrong. Read and follow the pesticide label it is the law. Only make applications covered by your certification. Follow Worker Protection Standard requirements. Do not allow pesticides to drift off target. Keep your certification current by earning recertification credits and paying renewal fees. Properly store pesticides and dispose of empty containers. Keep records of pesticide applications for three years. And because it is most important: read and follow the label. Many of the laws and regulations discussed in this chapter can be accessed via the Internet at the Penn State Pesticide Education Program website: extension.psu.edu/pested/laws. In addition, the Pennsylvania Department of Agriculture program and contact information can be accessed from extension.psu.edu/pested/pdaprog. 10

extension.psu.edu Illustrations courtesy of the Pesticide Education Program and istockphoto.com Penn State College of Agricultural Sciences research and extension programs are funded in part by Pennsylvania counties, the Commonwealth of Pennsylvania, and the U.S. Department of Agriculture. This publication is available from the Publications Distribution Center, The Pennsylvania State University, 112 Agricultural Administration Building, University Park, PA 16802. For information telephone 814-865-6713. Where trade names appear, no discrimination is intended, and no endorsement by Penn State Extension is implied. This publication is available in alternative media on request. The University is committed to equal access to programs, facilities, admission, and employment for all persons. It is the policy of the University to maintain an environment free of harassment and free of discrimination against any person because of age, race, color, ancestry, national origin, religion, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, perceived gender, gender identity, genetic information, or political ideas. Discriminatory conduct and harassment, as well as sexual misconduct and relationship violence, violates the dignity of individuals, impedes the realization of the University s educational mission, and will not be tolerated. Direct all inquiries regarding the nondiscrimination policy to Dr. Kenneth Lehrman III, Vice Provost for Affirmative Action, Affirmative Action Office, The Pennsylvania State University, 328 Boucke Building, University Park, PA 16802-5901; Email: kfl2@psu.edu; Tel 814-863-0471. The Pennsylvania State University 2011 Produced by Ag Communications and Marketing Code AGRS-120 Rev1M8/15mpc