The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. It is administered and regulated by the United States Environmental Protection Agency (EPA) and the appropriate environmental agencies of the respective states. FIFRA has undergone several important amendments since its inception. A significant revision in 1972 by the Federal Environmental Pesticide Control Act (FEPCA) and several others have expanded EPA's present authority to oversee the sales and use of pesticides with emphasis on the preservation of human health and protection of the environment by "(1) strengthening the registration process by shifting the burden of proof to the chemical manufacturer, (2) enforcing compliance against banned and unregistered products, and (3) promulgating the regulatory framework missing from the original law".
History
The Federal Insecticide Act (FIA) of 1910 was the first pesticide legislation enacted. This legislation ensured quality pesticides by protecting farmers and consumers from fraudulent and/or adulterated products by manufacturers and distributors. During World War II there was a marked increase in the pesticide market, as wartime research and development produced many chemicals with newly discovered insecticidal properties. Widespread usage of pesticides garnered much public and political support due to the resulting post war food surplus made possible by higher crop yield from significantly lower pest damage. Synthetic organic insecticide usage increased from 100 million pounds in 1945 to over 300 million pounds by 1950. The Federal Insecticide Act of 1910 set standards for chemical quality and provided consumers protection but did not address the growing issue of potential environmental damage and biological health risks associated with such widespread use of insecticides. Congress passed the Federal Insecticide, Fungicide, and Rodenticide Act in 1947 to address some of the shortcomings of the Federal Insecticide Act.
Congress enacted major revisions to FIFRA in 1972 with the Federal Environmental Pesticide Control Act (FEPCA). The 1947 law assigned the United States Department of Agriculture responsibility for regulating pesticides. The 1972 amendment transferred this responsibility to the Environmental Protection Agency and shifted emphasis to protection of the environment and public health. The amendments required the EPA to assess potential risks the pesticides posed to humans, the environment, and wildlife and weigh these against their benefits, taking action against those for which the risks outweighed the benefits.Susan Wayland and Penelope Fenner-Crisp. “Reducing Pesticide Risks: A Half Century of Progress.” EPA Alumni Association. March 2016. In 1988, Congress amended the pesticide registration provisions requiring re-registration of many pesticides that had been registered before 1984.Willson, Harold R (February 23, 1996), "Pesticide Regulations" . IPM World Textbook. University of Minnesota. Retrieved on 2007-10-15. The act was amended again in 1996 by the Food Quality Protection Act.Food Quality Protection Act, . Approved 1996-08-03. More recently the act was amended in 2012 by the Pesticide Registration Improvement Extension Act of 2012.Pesticide Registration Improvement Extension Act of 2012, . Approved 2012-09-28.
As of May 2007, there are 28 listed restricted pesticides of different formulas and mixtures. Any area these pesticides are used or applied is considered a restricted area.
Major code sections Table 2. Major U.S. Code Sections of the Federal Insecticide, Fungicide, and Rodenticide Act (codified generally as 7 U.S.C. 136-136y) 7 U.S.C. Section TitleFIFRAShort title and table of contents Section 1136DefinitionsSection 2136aRegistration of pesticidesSection 3136a-1Reregistration of registered pesticidesSection 4136cExperimental use permitsSection 5136dAdministration review; suspensionSection 6136eRegistration of establishmentsSection 7136fBooks and recordsSection 8136gInspection of establishmentsSection 9136hProtection of trade secrets and other informationSection 10136iRestricted use pesticides; applicatorsSection 11136jUnlawful actsSection 12136kStop sale, use, removal, and seizureSection 13136lPenaltiesSection 14136mIndemnitiesSection 15136nAdministrative procedure; judicial reviewSection 16136oExemption of federal and state agenciesSection 17136pExemption of federal and state agenciesSection 18136qStorage, disposal, transportation, and recallSection 19136rResearch and monitoringSection 20136sSolicitation of comments; notice of public hearingsSection 21136tDelegation and cooperationSection 22136uState cooperation, aid, and trainingSection 23136vAuthority of statesSection 24136wAuthority of AdministratorSection 25136w-1State primary enforcement responsibilitySection 26136w-2Failure by the state to assure enforcement of state pesticides use regulationsSection 27136w-3Identification of pests; cooperation with Department of Agriculture's programSection 28136w-4Annual reportSection 29136w-5Minimum requirements for training of maintenance applicators and service techniciansSection 30136w-6Environmental Protection Agency minor use programSection 31136w-7Department of Agriculture minor use programSection 32136w-8Pesticide Registration Service FeesSection 33136xSeverabilitySection 34136yAuthorization of AppropriationsSection 35 Note: This table shows only the major code sections. For more detail and to determine when a section was added, the reader should consult the official printed version of the U.S. Code.
Regulations
In order to be considered for use, pesticides had to undergo 120 tests with regards to safety and its actual effectiveness. Because of these rigorous test, only 1 in 139,000 actually make it through to be used in agriculture. This act directly forbids certain substances and certain uses of those substances, as distinguished from other legislation regulating pesticides, which impose costs on certain practices but do not outlaw any.
FIFRA established a set of pesticide regulations: FIFRA established registration for all pesticides, which is only done after a period of data collection to determine the effectiveness for its intended use, appropriate dosage, and hazards of the particular material. When registered, a label is created to instruct the final user the proper usage of the material. If instructions are ignored, users are liable for any negative consequences. Label directions are designed to maximize the effectiveness of the product, while protecting the applicator, consumers, and the environment. Only a few pesticides are made available to the general public. Most pesticides are considered too hazardous for general use, and are restricted to certified applicators. FIFRA established a system of examination and certification both at the private level and at the commercial level for applicators who wish to purchase and use restricted use pesticides. The distribution of restricted pesticides is also monitored. The EPA has different review processes for three categories of pesticides: antimicrobials, biopesticides, and conventional pesticides. The three categories have a similar application process, but have different data requirements and review policies. Depending on the category of pesticide, the review process can take several years. After a pesticide is registered with the EPA, there may be state registration requirements to consider. In addition to the rules and regulations given by the EPA, the states may also offer an additional set of rules and registration requirements for a registered pesticide. They can also request annual usage reports from the pesticide users.
In addition to the FIFRA, the Pesticide Registration Improvement Act of 2003 amended the authorized fees for certain products, assessed the process of collecting maintenance fees, and decided on a review process for approving the pesticides. The Pesticide Registration Improvement Act of 2007 renewed these changes to stay in place until 2012. The purpose of the PRIA is to ensure a smooth implementation of pesticide rules and regulations to its users.
Import and export
Pesticides intended for import into the U.S. require a complete Notice of Arrival (NOA) through U.S. Customs and Border Protection. If this NOA is not complete the product would not make it through customs. The NOA lists the identity of the product, the amount within the package, the date of arrival, and where it can be inspected. There are also other rules listed below:
It must comply with standards set with the U.S. pesticide law The pesticide has to be registered with the EPA, except if it's on the exemption list It cannot be adulterated or violative There must be proper labeling The product must have been produced in an EPA registered establishment that files annually
Pesticides intended for export to other parts of the world do not have a registration requirement under certain conditions. The conditions are as follows:
The foreign purchaser has to submit a statement to the EPA stating it knows the product is not registered and can't be sold on U.S. soil. The pesticide must contain a label that "Not Registered for Use in the United States" The label requirements must be met and the label must contain the English language and the language of the receiving country(ies). The pesticide must comply with all FIFRA establishment registration and reporting requirements It must comply with FIFRA record keeping requirements
Note: An EPA registered establishment is one that produces pesticides, the active ingredients in pesticides, and devices for pesticide use and reports initial and annual production.
On April 22, 2016, the Office of Inspector General issued a memorandum announcing its intent to begin preliminary research to assess the EPA's inspections of, and enforcement against, illegal pesticide imports. The objective of this project is to "determine whether the EPA's Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) import inspection program is effectively deterring, identifying and confiscating illegal pesticide imports, to protect human health and the environment."
Registration of pesticide products Before a company can register its pesticide products with the EPA, it must know what the EPA considers a pesticide under the law. According to section 2(u) of FIFRA, 7 U.S.C. section 136(u), the term "pesticide" is defined as the following:
any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and any nitrogen stabilizer, except that the term "pesticide" shall not include any article that is a "new animal drug" within the meaning of section 321(w) of title 21, that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 321(x) of title 21 bearing or containing a new animal drug. The term "pesticide" does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 321 of title 21. For purposes of the preceding sentence, the term "critical device" includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term "semi-critical device" includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.