Agriculture Reference
In-Depth Information
As mentioned above, a product becomes a pesticide once it has received an
Experimental Use Permit. This interpretation means that chemicals that are
being tested in the laboratory or in small field trials are regulated by TSCA.
However, current OTS policy is to exempt such activities from submission of
risk information, notification, and recordkeeping, provided the requirements in
40 CFR 720.36 are met.
Under Section 8(b) of TSCA, EPA is responsible for compiling and
publishing an Inventory of Existing Chemical Substances. No one may
manufacture or import a "new" chemical unless a Premanufacture Notification
(PMN) is submitted to EPA at least 90 days before manufacture or import
commences. During this 90-day period EPA will-review data on the chemical
to determine whether specific requirements must be established for its
handling, use, or disposal. If EPA does not take any specific action with
regard to the chemical by the end of the review period, manufacture or import
may begin. A Notice of Commencement of Manufactufacture or Import
(NOC) must be filed with EPA no later than 30 days after either occurs. When
the NOC is received, the chemical is added to the inventory.
As part of its premanufacture review, EPA can use Section 5(e), to require
the submitter to develop data and to obtain hazards which the "new" chemical
may pose, and can impose controls or restrictions on its use. These
requirements apply only to the company which submits the PMN. Once a
chemical is added to the inventory, one may manufacture or use it without
notifying EPA, without the same restrictions or controls. However, EPA can
use its authority under Section 5 of TSCA to issue Significant New Use
Rules (SNURS) which extend the limitations in Section 5(e) orders to other
manufacturers, importers, and processors. This ensures that everyone is treated
in essentially the same manner, and that the original PMN submitter is not
put at a disadvantage compared to subsequent manufacturers, importers, and
processors.
L.
THE FOOD, AGRICULTURE, CONSERVATION AND
TRADE ACT (Commonly referred to as the 1990 Farm Bill)
Since the Agricultural Adjustment Acts of the 1930s were originally
adopted, they have gradually become more of environmental protection statutes
than price supports for producers. With these environmental initiatives, many
of the Farm Bill's provisions directly impact the use of pesticides and fertiliz-
ers on the farm. Title XIV, XVI, and XXI covering Conservation,Research,
and Organic Certification, respectively, impact agrochemical use directly.
For the first time, farm legislation requires direct action by dealer-
applicators. The 1990 Farm Bill requires certified applicators, including
farmers, to maintain records on the use of restricted pesticides. These records,