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Federal Insecticide, Fungicide, and Rodenticide Act
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Federal Insecticide, Fungicide, and Rodenticide Act
Enforcement
- Registered with EPA.
- There must be a label on each pesticide describing, in detail, instructions for safe use.
- Sections 23, 24, 26 and 27 extend primary enforcement authorities to the states. However, EPA authority always supersedes state authority.
Environmental Issues
Violators
- Under this act the EPA:
- The pesticide must not harm the listed endangered and threatened animals and habitats.
- chemicals and other products used to kill, repel, or control pests.
- disinfectants and sterilizing agents, animal repellents, rat poison, and many other substances.
- Irrigation- pesticides can't be controlled, so if the farmer is using that water there is chemicals being transferred into the crops.
- Residue chemicals into runoffs
Under Section 14 -Civil
- commercial applicators, wholesalers, dealers, and retailers may be assessed a civil penalty, of not more than $5,000 for each offense.
- Private applicators would be given a warning for the first offense, and a fine up to $1000 may be assessed for each subsequent violation.
Federal level
- A private applicator is subject to $1000 and/or 30 days imprisonment.
- A commercial applicator is subject to $25,000 and/or up to one year imprisonment.
- A manufacturer or producer is subject to $50,000 and/or up to one year imprisonment.
GOAL
EPA’s present authority:
(1) strengthening the registration process by shifting the burden of proof to the chemical manufacturer,
(2) enforcing compliance against banned and unregistered products
(3) promulgating the regulatory framework missing from the original law.
The objective of FIFRA is to provide federal control of pesticide distribution, sale, and use. All pesticides used in the United States must be registered (licensed) by EPA.
FIFRA
- The first pesticide control law was enacted in 1910.
- But FIFRA was first passed in 1947.
- Rewritten in 1972 when it was amended by (FEPCA).
- Amended numerous times since 1972,
- Food Quality Protection Act (FQPA) of 1996.
- Currently FIFRA mandates that EPA regulate the use and sale of pesticides to protect human health and preserve the environment.
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