FIFRA Federal Insecticide Fungicide and Rodenticide Act dichlorodiphenyltrichloroethane

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act dichlorodiphenyltrichloroethane

Pesticide Regulations

Pesticides: Choose Your Poison • What is a pesticide?

Pesticides • Pesticides are by definition poisons – Designed to kill undesirable plants, insects, plant pathogens, or other undesirable pests – If used improperly, pesticides can injure or kill desirable organisms

Pesticides • Types of pesticides – Insecticides: kill insects • Sevin, Rotenone – Fungicides: kill fungi • Bravo – Herbicides: kill plants • Roundup

The Label is the Guide to Properly Handling of Pesticides • Carefully follow directions on the pesticide label • Wear protective clothing • Store pesticides in a locked area that children cannot access • Dispose of pesticides and empty containers properly • Re-entry time: the amount of time to wait after applying a pesticide before you can enter your garden

Pesticide Exposure and Toxicity • The effect of a pesticide on you is dependent on the toxicity of the pesticide and your exposure – Hazard: a combination of toxicity and exposure • Toxicity – Introduction • Inherent capacity of a material to produce death or injury

Pesticide Exposure and Toxicity • Introduction to toxicity (continued) – All materials are toxic at some concentration – If handled properly, pesticides will not cause injury • Two types of toxicity – Acute toxicity – Chronic toxicity

Pesticide Exposure and Toxicity • Acute toxicity – Injury that occurs soon after exposure to a pesticide – Pesticide “burn” on the skin would be an example of acute toxicity – LD 50: dose required to kill 50% of laboratory test animals

Pesticide Exposure and Toxicity • Warning Indicators on Label – Highly toxic pesticides • Contain a drawing of a skull and crossbones • Danger: Poison – Moderately toxic pesticides • Warning – Slightly toxic pesticides • Caution

Pesticide Exposure and Toxicity • Chronic toxicity – Injury that occurs after long-term exposure to a pesticide – Cancer developing many years after exposure to a pesticide is an example of chronic toxicity – Other types of chronic toxicity • Birth defects • Endocrine system effects • Nervous system effects

Pesticide Exposure and Toxicity • Exposure – Your contact with a pesticide. Depends on: • Length of time • How exposed to pesticide – The most exposure to a pesticide will occur when handling or mixing a concentrated pesticide

Pesticide Exposure and Toxicity • Methods of exposure – Oral • Pesticide is ingested through a person’s mouth – Dermal • Exposure through a person’s skin – Inhalation • Exposure is through breathing in a pesticide through the lungs

Organic vs. Synthetic Pesticides • Organic Pesticides – Definition: a pesticide made from a natural product that has undergone only a little processing – Just because the pesticide is derived from a “natural” source does not mean that it is not toxic

Organic Pesticides • Advantages – Short persistence – Are less harmful to beneficial insects – Do not need petroleum for their production • Disadvantages – – Some are very toxic They can be expensive Their effectiveness can vary They lack persistence

Synthetic Pesticides • Definition: a pesticide synthesized from petroleum derived materials • Advantages – Relatively inexpensive – Are effective – Will persist • Disadvantages – May be harmful to beneficial organisms – Potential for pesticide resistance

Pesticide Laws • The United States Congress legislates pesticide laws to manage health and environmental risk. Pesticides are currently regulated under two major federal laws: – The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – The Federal Food, Drug, and Cosmetic Act (FFDCA)

Overview of FIFRA • The first pesticide control law was enacted in 1910. • Primarily aimed at protecting consumers from ineffective products and deceptive labeling. • (FIFRA) was first passed in 1947, it established procedures for registering pesticides with the U. S. Department of Agriculture and established labeling provisions. • The law was still, however, primarily concerned with the efficacy of pesticides and did not regulate pesticide use.

Overview of FIFRA • National law • Amended 1972, 1973, 1975, 1978, 1983, 1984, 1988, 1990, 1991 and 1996. • Enforced by the EPA

FIFRA • Essentially rewritten in 1972 when it was amended by the Federal Environmental Pesticide Control Act (FEPCA). • The law has been amended numerous times since 1972, including some significant amendments in the form of the Food Quality Protection Act (FQPA) of 1996. • In its current form, FIFRA mandates that EPA regulate the use and sale of pesticides to protect human health and preserve the environment.

FIFRA Since the FEPCA Federal Environmental Pesticide Control Act amendments, EPA is specifically authorized to: (1) Strengthen the registration process by shifting the burden of proof to the chemical manufacturer, (2) Enforce compliance against banned and unregistered products, and (3) Promulgate the regulatory framework missing from the original law.

FIFRA • Provides EPA with the authority to oversee the sale and use of pesticides. • However, because FIFRA does not fully preempt state/tribal or local law, each state/tribe and local government may also regulate pesticide use.

Tolerances and Exemptions • Before EPA can register a pesticide that is used on raw agricultural products, it must grant a tolerance or exemption. • A tolerance is the maximum amount of a pesticide that can be on a raw product when it is used and still be considered safe. • Under the Food, Drug, and Cosmetic Act (FDCA), a raw agricultural product is deemed unsafe if it contains a pesticide residue, unless the residue is within the limits of a tolerance established by EPA or is exempt from the requirement. • The FDCA requires EPA to establish these residue tolerances.

Registration of New Pesticides • Under FIFRA Section 3, all new pesticides (with minor exceptions) used in the United States must be registered by the Administrator of EPA. • Pesticide registration is very specific; it is not valid for all uses of a particular chemical. • Each registration specifies the crops/sites on which it may be applied, and each use must be supported by research data. – The manufacturer (domestic or foreign) of the pesticide files an application for registration. – The application process often requires the submission of extensive environmental, health, and safety data.

FIFRA • Gives the U. S. Environmental Protection Agency (EPA) the authority to register pesticides; to require appropriate chemical, toxicological, and environmental studies; and to prescribe labeling use restrictions aimed to prevent unreasonable adverse effects on human health and the environment.

FIFRA (RT) • EPA regulates the use of pesticides under the authority of two federal statutes: • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) • The Federal Food, Drug, and Cosmetic Act (FFDCA).

Key Elements of FIFRA • Pesticide products must obtain an EPA registration before manufacture, transport, and sale • Registration based on a risk/benefit standard

Key Elements of FIFRA • Ability to regulate pesticide use through labeling, packaging, composition, and disposal • Emergency exemption authority--permits approval of unregistered uses of registered products on a time limited basis • Ability to suspend or cancel a product's registration: appeals process, adjudicatory functions, etc.

Emergency Exemption Process • The process generally takes place as follows. • Growers in particular regions identify a problem situation that registered pesticides will not alleviate. • The growers contact their state lead agency (usually the state department of agriculture) and request that the agency apply to EPA for a Section 18 emergency exemption for a particular use.

Tolerances for Emergency Exemptions • Under the Food Quality Protection Act (FQPA), enacted on August 3, 1996, EPA must establish formal tolerances (maximum allowable residue levels) to cover all pesticide residues in food, even residues resulting from emergency uses.

Crisis Exemptions • If a need is immediate, a state agency may issue a crisis exemption that allows the unregistered use for 15 days. • The state notifies EPA of this action before issuing the crisis exemption, and EPA performs a cursory review of the use to ensure that there are no concerns.

The Pesticide Registration Improvement Act (PRIA) of 2003 • Establishes pesticide registration service fees for registration actions in three pesticide program divisions: • Antimicrobials Division • Biopesticides Division • Pollution Prevention, and the Registration Division

Federal Food, Drug, and Cosmetic Act of 1938, 1954, 1958 • Quality protection of consumer foods, drugs, and cosmetics. • National law • Ensures foods are pure and wholesome, safe to eat, and produced under sanitary conditions; that drugs and devices are safe and effective for their intended uses; that cosmetics are safe and made from appropriate ingredients; and that all labeling and packaging is truthful, informative, and not deceptive. • The Food and Drug Administration and the USDA enforces this Act

Why FIFRA?

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