EcoPedia

EPA's Pesticide Requirements

Michael Forlini | Jul 24, 2008

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Federal law requires that before selling or distributing a pesticide in the United States, a person or company must obtain registration, or license, from EPA. The term pesticide includes many kinds of ingredients in products, such as insect repellants, weed killers, disinfectants, and swimming pool chemicals, which are designed to prevent, destroy, repel or reduce pests of any sort. EPA regulates pesticides under broad authority granted in two major statutes, which were amended by the Food Quality Protection Act of 1996.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - requires all pesticides sold or distributed in the United States (including imported pesticides) to be registered by EPA. EPA can authorize limited use of unregistered pesticides or pesticides registered for other uses to address emergencies and special local needs.
Federal Food, Drug and Cosmetic Act (FFDCA) - Requires EPA to set pesticide tolerances for all pesticides used in or on food. A tolerance is the maximum permissible level for pesticide residues allowed in or on commodities for human food and animal feed.

The process of registering a pesticide is a scientific, legal and administrative procedure through which EPA examines the ingredients of the pesticide; the particular site or crop on which it is to be used; the amount, frequency and timing of its use; and storage and disposal practices. In evaluating a pesticide registration application, EPA assesses a wide variety of potential human health and environmental effects associated with use of the product. The producer of the pesticide must provide data from tests done according to EPA guidelines.

These tests evaluate whether a pesticide has the potential to cause adverse effects on humans, wildlife, fish and plants, including endangered species and non-target organisms, as well as possible contamination of surface water or ground water from leaching, runoff and spray drift. Potential human risks range from short-term toxicity to long-term effects such as cancer and reproductive system disorders. EPA also must approve the language that appears on each pesticide label. A pesticide product can only be used legally according to the directions on the labeling accompanying it at the time of sale. Following label instructions carefully and precisely is necessary to ensure safe use. It is important to note, that Section 18 of FIFRA authorizes EPA to allow an unregistered use of a pesticide for a limited time if EPA determines that an emergency condition exists. The regulations governing Section 18 of FIFRA (found at Title 40 of the Code of Federal Regulations, part 166), define the term “Emergency Condition” as an urgent, non-routine situation that requires the use of a pesticide(s).

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