2012-13 Pesticide Laws and Regulations Charles Moses Nevada Department of Agriculture Environmental Services
NDOA-EPA Cooperative Agreement
FIFRA, U.S. Code, Section 136 Nevada Revised Statutes, Section 555 NRS 555: CUSTOM APPLICATION OF PESTICIDES NRS 555.2605 Definitions. NRS 555.261 Agent defined. NRS 555.2615 Aircraft defined. NRS 555.2617 Certificate defined. NRS 555.2618 Certified applicator defined. NRS 555.2619 Commercial applicator defined. NRS 555.2625 Defoliant defined. NRS 555.263 Desiccant defined. NRS 555.2634 Environment defined. NRS 555.264 Fungi defined. NRS 555.2645 Ground equipment defined. NRS 555.265 Insect defined. NRS 555.2655 Nematode defined. NRS 555.266 Person defined. NRS 555.2665 Pest defined. NRS 555.2667 Pest control defined. NRS 555.267 Pesticide defined. NRS 555.2675 Plant regulator defined. NRS 555.2681 Private applicator defined. NRS 555.2683 Restricted-use pesticide defined. NRS 555.2685 Snails or slugs defined. NRS 555.2687 Supervision defined. NRS 555.269 Weed defined. NRS 555.2695 Wildlife defined. NRS 555.270 Policy of this State; purpose of provisions. NRS 555.273 Provisions concerning restricted-use pesticides applicable to governmental agencies and public utilities.
Certification vs. Licensing KNOW THE DIFFERENCE
FIFRA Section 11 Certification The state certification program must contain applicator safety training. The certification manual is available on line at: http://www.agri.nevada.gov. The test application and CEU tracking form can also be found on this website. http://www.unce.unr.edu/programs/sites/pesti cide/course/
Use Inspections (Enforcement)
FIFRA Section 2 Definitions A private applicator is a certified applicator who uses or supervises the use of a RUP for the purpose of producing an agricultural (or horticultural) commodity. A commercial (non-licensed) certified applicator is an applicator who uses or supervises the use of a RUP for any purpose other than that of producing an agricultural commodity.
FIFRA Section 2 Definitions Pesticide: 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.* *does not include animal drugs and antibacterial hand soap but includes plant incorporated pesticides
FIFRA Section 2 Definitions A General Use Pesticide is a pesticide that is not likely to harm human health or the environment if it is applied in accordance with label directions. A Restricted Use Pesticide (RUP) is a pesticide that may cause harm unless it is applied by a competent, certified applicator.
Restricted-use pesticides At top of label. Based on Risk Assessment: Toxicity Environmental Hazards Method of Application Formulation
FIFRA Section 2 Definitions Under Direct Supervision means: the application of a RUP under the instructions and control of a Certified Applicator, even though the Certified Applicator may not be physically present at the time of application.* *State law requires onsite supervision by licensed applicators of unlicensed applicators.
FIFRA Section 2 Definitions The label is defined as the written, printed, or graphic matter on, or attached to, the pesticide container, device, or wrapper. Labeling includes all other printed or graphic matter accompanying the pesticide or device, including supplemental labeling
Label Language: Demand CS Applicators must ensure that they are certified in the necessary pesticide certification categories to allow application of Demand CS Insecticide away from structures, such as to turf and ornamental plantings. Structural pest control certification categories may limit the distance away from structures for pesticide application. Consult your state extension office or pesticide regulatory officials for further information
FIFRA Section 2 Definitions To use any pesticide in a manner inconsistent with label directions means to use any pesticide in a manner not permitted by the labeling, provided that the term shall not include:
FIFRA Section 2 Definitions 1) applying a pesticide at any dosage concentration, or frequency less than that listed on the label*; * Termiticide product labels will specify that pretreatment applications must be done at label rates, beginning on January 1, 1998.
FIFRA Section 2 Definitions 2) applying a pesticide against any target pest not on the labeling if the application is being made to a crop, animal, or site that is listed on the label;
FIFRA Section 2 Definitions 3) the use of any equipment or method of application which is not prohibited by the labeling*; *Pesticides that can be legally applied through irrigation systems must contain label directions for use in these systems.
FIFRA Section 2 Definitions 4) mixing any pesticide with a fertilizer as long as the mixture is not prohibited by the labeling; 5) mixing two or more pesticides if all dosage rates are at or below the recommended label rates.
FIFRA Section 2 Definitions Definition of Use : Although there is no formal definition, EPA interprets use of a pesticide to include a wide range of pre- and post application activities. This includes not only the actual pesticide application but also other direct handling tasks such as mixing, loading, disposal, and cleaning of equipment.
FIFRA Section 3 Pesticide Registration No person in any state may distribute, sell, ship, etc to any person any pesticide that is not registered with EPA.* States must accept all EPA-registered restricted use pesticides, and; A state may restrict any EPA-registered general use pesticide. *does not include 25b products
Strychnine
FIFRA Section 12 Unlawful Acts It shall be unlawful for any person in any state to distribute, sell, offer for sale, or deliver to any person: any pesticide not registered with EPA (this does not include Section 25b products) any registered pesticide whose claims or composition differ from those made in connection with its registration
FIFRA Section 12 Unlawful Acts To distribute any pesticide classified as restricted use for a purpose other than is authorized by FIFRA; however, it is not unlawful to sell a RUP to an uncertified person for use by a certified applicator. It is unlawful to use any registered pesticide for a purpose other than for which it was registered, or to use any registered pesticide in a manner inconsistent with label directions.
FIFRA Section 12 Unlawful Acts any pesticide that is adulterated An adulterated pesticide is a pesticide whose strength or purity falls below the standard expressed on the label, or any valuable constituent has been wholly or partially left out.
FIFRA Section 12 Unlawful Acts any pesticide that is misbranded 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 pesticides name.
Market Place Inspections
NRS 586-Sale of Pesticide It shall be unlawful for any marketplace to sell or distribute a restricted use pesticide unless the marketplace is registered as a dealer with the NDOA. Restricted use pesticide sales must be reported monthly to the Nevada Department of Agriculture.
Other Related Programs Worker Protection Standard (WPS) In effect since January 1995, 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.
WPS Requirements Training for workers and handlers Soil fumigant safe handling fact sheet Central location poster/detail sheet Posting/notification of re-entry intervals Decontamination stations Information exchange w/custom applicators PPE
Rodenticides-Label Update
Fumigants Methyl Bromide Chloropicrin Metam Sodium Metam Potassium Dazomet
Fumigants Restricted Use Pesticide Classification Fumigant Management Plan Tarp Perforation and Removal Restrictions Air Monitoring EPA Approved, Registrant Developed Certified Applicator and Handler Training 2012 Buffer Zones 2012 Community Outreach and Notification
EPA Soil Fumigant Toolbox http://www.epa.gov/pesticides/reregistration/s oil_fumigants/
Aluminum/Magnesium Phosphide U.S. Department of Transportation-Special Permit 13307 http://hazmat.dot.gov /sp_app/special_permits/spec_perm_index. htm.
Information Sources Pesticide Fact Sheets are available from the National Pesticide Information Center, ATSDR (Agency for Toxic Substances and Disease Registry), and the U.S. EPA. NPIC 1-800-858-7378 Poison Control: 1-800-222-1222
FIFRA Section 19(e) and 19(f) 19(e) Mandates regulations for the design of pesticide containment and containers that will promote safe storage and disposal 19(f) Mandates regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal
Containment Rule Agricultural retailers, agricultural commercial applicators, and agricultural custom blenders who use, formulate, produce, and sell agricultural commodities in bulk quantities must comply with these regulations
Bulk Pesticide Storage
PESTICIDE STORAGE Keep labels legible Keep containers closed Use original containers Keep an updated inventory
PESTICIDE STORAGE Pesticides storage areas should be kept locked Watch for damage - report and react Immediately Purchase only amounts necessary don t accumulate
Operation: Clean Sweep NDOA Disposal Program Call 775-353-3715
Pesticide 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
Labeling Must identify container as non-refillable or refillable Must contain a recycling/reconditioning statement if refillable Cleaning instructions for non-refillable and refillable containers
Label Language: Disposal Triple rinse as follows: empty remaining contents into application equipment for 10 seconds; fill the container ¼ full and shake for 10 seconds; pour rinsate into application equipment or a mix tank for later use or disposal; repeat this procedure two more times.
Label Language: Bifen XTS Keep out of reach of children and animals. Store in original containers only. Store in a cool, dry, place and avoid excess heat. Do not put concentrate or dilute material into food or drink containers. Do not apply when wind conditions favor downwind drift to nearby water bodies.
NDA Water Quality Protection A water sampling program designed to protect ground and surface water from pesticide contamination The goal of the program is detect contamination early enough so that regulatory and/or educational tools can be used to prevent further degradation of the ground water.
Leaching to Ground Water: Factors Leachability index Soil type and area geology Water in per label instructions, BUT, DO NOT over-water or apply before a heavy rain is expected Non-point source pollution
Pesticide Labels & Water Quality Pesticide Registration Notice 2008-1 Environmental Hazard Statements: Intended to clarify the steps the applicator can take to avoid potential contamination. Directions for Use: Stronger wording to avoid any application that would allow the product to move off site
Environmental Hazards This product is extremely toxic to fish and aquatic invertebrates. To protect the environment, do not allow pesticide to enter into storm drains, drainage ditches, gutters or surface waters. Rinsing application equipment over the treated area will help avoid run-off to water bodies or drainage systems.
Court Ordered Protections: ES and Water Quality
Label Enforcement: ES Protection A program designed to protect endangered species from adverse effects of pesticide use. Recommendations are given to applicators about pesticide selection and establishment of buffer zones through range bulletins and labeling. Bulletins Live!
Pesticide Permits and the Clean Water Act
Clean Water Act Provides statutory basis for regulating discharge of pollutants from point sources to waters of the United States Requires anyone who wants to discharge pollutants to first obtain a NPDES permit
Background 2001Talent Irrigation Decision: The 9 th Circuit Court of Appeals ruled that pesticide applications are considered point source pollutants and irrigation canals may fall under the definition of Waters of the United States ; herbicide applications must be authorized by CWA permits.
Background November 27, 2006: U.S. EPA issues final rule to codify its interpretation: NPDES Permits are not required under the CWA if pesticide applications are consistent with FIFRA requirements.
Background (Continued) Petitions for review of the final rule were filed in 11 Circuit Courts in 2006. On January 7, 2009, the 6 th Circuit Court of Appeals vacated the EPA rule. NPDES permits are required for all pesticides that leave a residue in water (and alter chemistry) when applications are made over or near Waters of the United States.
The Pesticide General Permit The Nevada Division of Environmental Protection is the CWA authorized permitting authority in the State of Nevada
http://ndep.nv.gov/bwpc/pesticide.htm
Notice of Intent: Who Must File? Any federal, state, or local government agency Any entity tasked with managing property (i.e. homeowner s associations) Any commercial business not part of a small business enterprise (defined by SBA) An operator
Notice of Inclusion (NOI), Continued Mosquito and other aquatic nuisance insects Aquatic weeds (including algae control) Aquatic nuisance species Forest canopy pest control NPDES permits still may be required for point sources
Treatment Thresholds 80 acres (surface water): aquatic nuisance pests, aquatic weeds and algae (waters of the U.S.) 50 linear miles of irrigation system (count both sides) waters edge: aquatic weeds, algae, aquatic nuisance pests 6400 land acres: mosquitoes and other flying insect pests, forest canopy
Operator Definition Any entity that has control over the financing or decision to perform pesticide applications that result in discharges, and/or The entity that has day-to-day control of or performs activities necessary to ensure compliance with the permit (authorized to direct activities or to perform them)
Duties for All Operators All operators must minimize pesticide discharges by utilizing best management practices which include: using only the amount of pesticide necessary to control pests; maintaining pesticide application equipment in good operating condition (including calibration); and assessing weather conditions.
Duties: Permit Holders Use the lowest effective amount of pesticide Perform regular equipment maintenance Calibrate Must implement IPM measures Monitor compliance with permit conditions Keep records Report annually PDMP
Permit Provisions Program implementation began on 10/31/11 Life of the permit is 5 years Emergency applications can be performed in advance of NOI submission Violation of a FIFRA label will be interpreted as a CWA violation Annual report due January 15
Pesticide Discharge Management Plan Pesticide discharges must be controlled to meet applicable state water quality standards Any permit holder who exceeds any pesticide use threshold must develop a PDMP The PDMP must be immediately available to EPA, the state agency, or member of the public upon request
PDMP: Contents Problem description Control measure description Pest surveillance procedures Spill prevention, response, and incident reporting procedures Equipment maintenance procedures Pesticide monitoring procedures Corrective action plan
Contact Information Alexi Lanza (775) 687-9468 Nevada Division of Environmental Protection alanza@ndep.nv.gov
Questions? Charles Moses 775-353-3716 cmoses@agri.nv.gov NDA webpage: http://agri.nv.gov