Chapter 29

Greenhouse Pesticides

Pesticide Laws and Regulations

There are many federal and state pesticide laws and regulations that control pesticide use by private, commercial, and urban pesticide applicators. These laws provide not only a method of registering pesticides but also a system of classifying pesticides for general or restricted use, a method of labeling pesticides, and a training and licensing system for farm applicators using restricted use pesticides.

Federal

The United States government mainly through the Environmental Protection Agency (EPA) is primarily responsible for regulating pesticides. The EPA is responsible for implementing federal pesticide policies under two statutes: the Federal Insecticide, Fungicide, and Rodenticide Act, governing the sale and use of pesticide products within the United States, and the Federal Food, Drug, and Cosmetic Act, which limits pesticide residues on food in interstate commerce (including imports).

Pesticide Product Labels

The pesticide label is the main method of communication between a pesticide manufacturer and pesticide users. The information that is printed on or attached to a pesticide container is called the label. The pesticide label provides valuable information about the proper handling, use (including rates), potential risks a pesticide may pose, and instructions on how to minimize or avoid those risks.

Material Safety Data Sheet (MSDS)

The Occupational Safety and Health Administration (OSHA) require that chemical manufacturers and importers provide a material safety data sheet (MSDS) to the purchaser of the product to communicate the hazard potential to users.

Record Keeping

In accordance with the 1990 Farm Bill, the law requires all private applicators to keep record(s) of their use of federally restricted use pesticides (RUP) for a period of 2 years. The United States Department of Agriculture Agricultural Marketing Service�s (AMS) Pesticide Records Branch administers the Federal pesticide recordkeeping regulations through compliance and educational outreach activities. AMS utilizes the services of State pesticide regulatory agencies to conduct record compliance inspections in most States, which are under the Federal pesticide recordkeeping regulations.

Pesticide Registration

EPA is responsible for federal pesticide registration. After a pesticide is registered by EPA, states can register pesticides under specific state pesticide registration laws. A state may have more stringent requirements for registering pesticides for use in that state. Ultimately, states have primary responsibility (called primacy) for pesticides used within state borders.

Licenses

Federal law requires that a person who purchases or applies a restricted use pesticide must be certified and receive periodic pesticide safety training. State laws and regulations require that a person who purchases or applies restricted use pesticides have a current pesticide applicator license.

Government Regulation of Adjuvants

The U.S. Environmental Protection Agency (EPA) regulates the inclusion of certain ingredients in adjuvant formulations, but it does not stringently test and regulate the manufacture and use of adjuvant products (as they do for other pesticides). Some states (e.g., California) require registration/review of adjuvants.

Mixing Pesticides

Federal law allows applicators to combine pesticides unless the labeling of one or more components of the intended tank mix specifically prohibits it. If no prohibitions exist, applicators may mix: pesticide(s) with fertilizer and mix two or more pesticides. When pesticides are tank-mixed, all of the dosages must be at or below the label rate for each separate component of the mixture.

Record Keeping

In accordance with the 1990 Farm Bill, the law requires all private applicators to keep record(s) of their use of federally restricted use pesticides (RUP) for a period of 2 years. The United States Department of Agriculture Agricultural Marketing Service�s (AMS) Pesticide Records Branch administers the Federal pesticide recordkeeping regulations through compliance and educational outreach activities. AMS utilizes the services of State pesticide regulatory agencies to conduct record compliance inspections in most States, which are under the Federal pesticide recordkeeping regulations.

States

Each state has pesticide laws governing pesticide sale, use, disposal, storage and transportation. State pesticide laws may be more restrictive than federal laws, but they may not allow the sale or use of pesticides that are not allowed by federal law. The state laws may control certification and recertification of private and commercial applicators as well as provide additional restrictions on pesticides registered for use such as regulate businesses providing pesticide application services and dealers selling restricted use pesticides.

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