The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Summary of the FIFRA - 7 U.S.C. §136 et seq. (1996) - The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications "will not generally cause unreasonable adverse effects on the environment.''  FIFRA defines the term ''unreasonable adverse effects on the environment'' to mean: ''(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act.''

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Agriculture-Specific Requirements:

Tolerances and Agriculture - (Any pesticide that lack tolerances or have residues exceeding the established tolerances are subject to seizure and prosecution.)

Certification and Agriculture - (To inform that the grower must meet certain training requirements.)

Worker Protection Standard for Agricultural Pesticides - (Includes background information, requirements, protocol, and additional resource information.)

Related environmental requirements:

40 CFR Part 158  (Information on data requirements for registration, including protocol, requirements, and penalties.)

40 CFR Part 163 (Certification of usefulness of pesticide chemicals.)

40 CFR Part 180 (Tolerances and exemptions from tolerances for pesticide chemicals in food.)

Federal Food, Drug, & Cosmetic Act 408 - 409 (Divided into 9 subchapters.)

Sections within the FIFRA of importance to the California almond industry

Emergency Exemption From Registrations (Section 18) – (Section 18 of FIFRA authorizes EPA to allow states to use a pesticide for an unregistered use for a limited time if EPA determines that emergency conditions exist. Most requests for emergency exemptions are made by state lead agricultural agencies, although the United States Department of Agriculture and United States Department of Interior also request exemptions.)

Restricted-Use Classification and Certification of Applicators – (Restricted-use pesticides are limited to use by pesticide applicators who are certified, or to people under the supervision of a certified applicator.)

Reregistration of Pesticides – (Registrations are to be reviewed every 15 years. The goal is to update labeling and use requirements and reduce potential risk.)

Cancellation and Suspension of Pesticide Registrations – (EPA can cancel a registration if it is determined that the pesticide does not comply with FIFRA.  Comment period is allowed for 30 days.)

Tolerances and Exemptions – (A 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.)

Special Local Needs (24(c)) Registrations – (States have been granted the authority by FIFRA to issue special local needs registrations under certain conditions, while EPA is responsible for overseeing the general program.)