Pesticide Laws and Regulations

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Core Manual Part A, Chapter 2
Pesticide Laws and Regulations
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• Many Federal State Laws
• deal with pesticides
• Federal Fungicide, Insecticide, Rodenticide Act
• Federal Recordkeeping
• SARA Title III
• Worker Protection Standard
• Occupational Safety Health Act
• Endangered Species Act
• Coastal Zone Management Act
• Transportation Regulations

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FIFRA (1947)
Federal Insecticide Fungicide and Rodenticide Act
MDA enforces FIFRA for EPA
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• FIFRAs Major Provisions
• EPA establishes national standards for safe
• use
• transportation
• storage
• disposal of pesticides
• State can enact standards that exceed federal
  standards

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• FIFRAs Major Provisions cont.
• All pesticides must be registered by EPA
• Pesticides are classified as either
• - general use pesticides
• - restricted use pesticides (RUPs)

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• General use pesticides
• - purchased, used by anyone
• Restricted Use Pesticides
• - purchased, used by certified applicators
• - hazardous enough to limit sale

human injury environmental impact
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• RUP applicators must be certified or
• directly supervised by a certified applicator
• States have the authority to
• certify applicators
• register pesticides
• in their State
• design programs to meet
• local needs

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• FIFRAs Major Provisions cont.
• State Management Plans (SMPs)
• to protect
• groundwater
• Penalties for violations
• - civil and criminal
• - fines /or imprisonment

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• FIFRAs Major Provisions cont.
• Definition of Misuse

to use any pesticide inconsistent with its
labeling.
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Misuse does NOT include
Use of pesticides for a pest not on the label if
the crop, animal or site is on label
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Misuse does NOT Include
Using any method of application, unless expressly
forbidden by the label
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Misuse does NOT Include
Use of a pesticide at dosages less (but not more)
than labeled dosage or frequency
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Federal Pesticide Recordkeeping (1990 Farm Bill)

• RUP records must be kept by all applicators
  (private commercial)
• Commercial applicators must provide RUP spray
  records to their clients

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SARA (1986)
Superfund Amendments and Reauthorization Act
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SARA Title III
Emergency Planning and Community Right-to-know
Enforced by MI DEQ
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Responsibilities under SARA Title III

• Section 302, Facility notification
• - requirement to notify authorities if storing
• hazardous substances over a specific quantity

Section 304 Emergency notification - requirement
to report releases (spills, leaks) of hazardous
substances over a specific quantity
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Agribusiness Responsibilities under SARA Title
III Sections 302 and 304 - reporting for
companies storing large quantities Section 311,
Chemical info to authorities - provide info on
chemicals to fire dept., local emergency
committee - generally, MSDS sheets
suffice Section 312, Annual inventory forms -
provide inventory list to fire dept., local
emergency committee
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For more information
MSU Bulletin E-2575 Emergency planning for the
farm
From - MSU Bulletin office - county extension
office - Pesticide Education web site
http//www.pested.msu.edu/
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WPS
Worker Protection Standard
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WPS - Who must comply? Those who - Use
pesticides with Agricultural Use Requirements
listed on the label or - Employ workers or
pesticide handlers who may be exposed to these
pesticides.
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WPS covers...
Workers hand labor tasks such as weeding,
planting, cultivation or harvesting related to
production of agricultural plants.
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WPS covers...
Handlers mix, load, transfer or apply
pesticides, or other related tasks (for ex,
repair equipment)
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WPS requires employers to
Train workers and handlers
Provide decontamination sites
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WPS requires employers to

• Display information on
• pesticide safety
• emergency information
• recent pesticide applications

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WPS requires employers to
Comply with Restricted Entry Intervals (REI)
Posting sign for field

Provide oral and/or posted notification about
applications and REIs
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WPS requires
Personal Protective Equipment (PPE)
- for handlers plus workers reentering
site before REI expires
Commercial (custom) pesticide applicators to
supply pesticide application information to their
customers so they can protect their families and
employees.
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OSHA
Occupational Safety and Health Act
Administered by Dept of Consumer Industry
Services
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OSHA requires employers with ten or more
employees to
- keep records - make periodic reports of
work-related deaths, injuries, illnesses
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MIOSHA
Michigan Occupational Safety and Health Act
Enforced by MI Departments of Public Health
and Consumer/ Industry Services
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MIOSHA requires employers with one or more
employees to
- Retain MSDSs on hazardous chemicals - Develop
written employee training programs -
Ensure all hazardous materials are properly
labeled
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Endangered Species Act
- protects endangered species from pesticide
injury
Federal - US Fish Wildlife Service State - MI
DNR
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Endangered species in Michigan
Pesticide labels restrict applications if
endangered species could be harmed
Kirtlands Warbler
Karner Blue Butterfly
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Coastal Zone Management Act CZMA (1990)
Enforced by EPA and NOAA National Oceanic
and Atmospheric Administration
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CZMA Section 6217 Protecting Coastal Waters -
Coastal Non-point Source Pollution Control
Programs

• reduce pesticide use
• better application methods
• prevent backflow
• calibration
• IPM

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Transportation of Pesticides
Regulated by DOT

• DOT packaging standards
• DOT approved signs
• No pesticides in trucks with food products

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MICHIGAN LAWS
Michigan Pesticide Control Act of 1976, Act
Number 171
- distribution, labeling, registration and
application of pesticides in Michigan
certification of applicators
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Two types of certified applicators
Commercial
Private
Apply or supervise the use of RUPs Produce an
ag commodity on their own property or lands
rented by them
Apply or supervise the use of RUPs for non-ag
purposes or Apply pesticides for hire or Apply
pesticides other than general use, ready-to-use
pesticides in the course of his/her employment
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Registered Technician
May apply general use pesticides for commercial
purposes under supervision of a certified
applicator and may apply RUPs while under
direct supervision of a certified applicator
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• Certified Commercial Applicator
• application fee
• pass core exam at least one category exam

• Certified Commercial Technician
• application fee
• pass core exam
• receive training from an approved trainer

The credential is valid for 3 years
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Certification vs. licensing
Applicators are certified or registered
Businesses applying pesticides for hire are
licensed.
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Pesticide Application Business License
Requirements
employ at least one certified commercial
applicator one person must have 2 years
application experience or 1 year experience a
4-year college degree proof of insurance
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Reciprocity
- each state has own certification system but -
there is an agreement between MI several other
states to obtain certification without taking
an exam
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Under the Michigan Pesticide Control Act, MDA
has authority to
- register or certify applicators - register,
suspend, cancel pesticide registrations in MI -
investigate use and misuse of pesticides - enact
rules - license RUP dealer - license pesticide
application businesses - issue oral and written
orders - pursue enforcement activities
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The Michigan Pesticide Control Act is implemented
through regulations
House Bill 4344, Public Act 131 Regulation 636 -
Pesticide Applicators Regulation 637 - Pesticide
Use Regulation 640 - Commercial Pesticide Bulk
Storage MI Groundwater Freshwater
Protection Act
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House Bill 4344, Public Act 131
- Preempts local ordinances (local govt cant
enact pesticide ordinance) - Pesticide use at
schools (parental notification) - Ready-to-use
pesticides defined
If a person uses only general use, ready-to-use
pesticides for non-licensed applications (not
for-hire), they do not need to be a registered
or certified applicator.
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Regulation 636 - Pesticide Applicators
- Private vs commercial applicators - Criteria
for registered technicians - Approved trainer
qualications - Expanded recordkeeping
requirements for commercial applicators
General use pesticides 1 year Restricted use
pesticides 3 years
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Regulation 637 - Pesticide Use
- Standards for pesticide use (use label,
prevent off-target movement, calibrate
equipment) - handling of excess pesticide /
pesticide-containing material (apply to labeled
site) - PPE requirements - Drift management
plans
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Regulation 637 - Pesticide use additional
requirements for commercial folks
- Notification Registry - Organic farm list -
Mix/load, wash/rinse operations - Notification,
posting requirements - Applicator service
agreements - IPM programs for schools -
Pesticides in and around schools
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Regulation 640 - Commercial Pesticide Bulk
Storage
A commercial site must be registered with the
state if
- it stores more than 55 gallon or 100 lbs. dry
and
- it distributes these bulk pesticides as a sale
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Penalties for violators Private - up to 1,000
per violation Commercial - 5,000 - 25,000
Enforcement Michigan Department of Agriculture -
Pesticide Plant Pest Management Division
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• Hazardous Waste Laws
• MI Dept. of Environmental Quality
• RCRA (Federal)
• Act 64 (State)

- requires empty pesticide containers to
be triple/ power rinsed before disposal in
landfill - containers can also be recycled thru
MDU program
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Law Review

• FIFRA
• Federal Recordkeeping
• SARA Title III
• WPS

• OSHA/MIOSHA
• Endangered
• Species Act
• CZMA
• DOT

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• Keyword Review
• Michigan Pesticide Control Act (171)
• Private applicator
• Commercial applicator
• Registered technician
• Licensed business
• Reciprocity

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• Keyword Review
• Ready-to-use pesticide
• Recordkeeping
• Incidental use
• Bulk pesticides
• State Management Plans
• RCRA and Act 64
• Triple or Power-rinse