Agriculture Reference
In-Depth Information
4.
Restricted -use pesticides must be applied by a certified applicator.
5.
Pesticide-producing establishments must be registered and inspected
by the EPA.
6.
Use of any pesticide inconsistent with the label is prohibited.
7.
States may register pesticides on a limited basis for local needs.
8.
Violations can result in heavy fines and/or imprisonment.
As intended by Congress, FIFRA has four main thrusts:
1.
To evaluate the risks posed by pesticides by requiring stringent
screening and testing of each pesticide and eventual registration with
the EPA before being offered for sale.
2.
To classify pesticides for specific uses and to certify pesticide applica-
tors and thus control exposure to humans and the environment.
3.
To suspend, cancel, or restrict pesticides that pose a risk to the
environment.
4.
To enforce these requirements through inspections, labeling notices,
and regulation by state agencies.
Most of the current efforts to amend FIFRA concentrate on the tolerance
and food safety provisions of FIFRA and the FFDCA. For years the EPA has
interpreted the Delaney Clause of the FFDCA to impose a negligible risk
standard for pesticide residues on food, whereas others, including influential
environmental groups, read the section to allow zero risk. EPA's interpreta-
tion was struck down by the Ninth Circuit in Les v. Reilly. The EPA asked
the Supreme Court to review that decision. Their petition was denied on
March 8, 1993. Legislation has been proposed on several occasions to change
the outcome of Les v. Reilly; however, none to date has been adopted
In addition, EPA has announced an aggressive regulatory agenda for pesti-
cides. It has proposed changes in regulations covering tolerances, registration,
data requirements, worker protection standards, record keeping requirements,
and labeling requirements. In June of 1993, the Clinton administration
announced a new policy designed to cut pesticide usage. On July 21, 1993,
the EPA followed up with its “Voluntary Reduced Risk Pesticides Incentive.”
Whatever changes are made to FIFRA and the regulations issued under it
in the next decade, it appears certain that the era of benign neglect in the pesti-
cide industry is over.
