Civil Enforcement

The effective implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the FIFRA Regulations depends on whether or not the individuals, companies, and other entities in the regulated community comply with the various FIFRA requirements. The FIFRA requirements relate to the following areas:

Pesticide Product Registration and Labeling

The process of registering a pesticide is a scientific, legal, and administrative procedure through which EPA examines the ingredients of the pesticide; the particular site or crop on which it is to be used; the amount, frequency, and timing of its use; and storage and disposal practices. In evaluating a pesticide registration application, EPA assesses a wide variety of potential human health and environmental effects associated with use of the product. The producer of the pesticide must provide data from tests done according to EPA guidelines. These tests evaluate whether a pesticide has the potential to cause adverse effects on humans, wildlife, fish, and plants, including endangered species and non-target organisms, as well as possible contamination of surface water or ground water from leaching, runoff, and spray drift. Potential human risks range from short-term toxicity to long-term effects such as cancer and reproductive system disorders. EPA also must approve the language that appears on each pesticide label. A pesticide product can only be used legally according to the directions on the labeling accompanying it at the time of sale. EPA may classify a pesticide as a "restricted use" product. "Restricted use" pesticides may only be applied by certified pesticide applicators or persons working under the direct supervision of a certified applicator. (Additional Information)

All label language must be approved by EPA before a pesticide can be sold or distributed in the United States. The overall intent of the label is to provide clear directions for effective product performance while minimizing risks to human health and the environment. It is a violation of federal law to use a pesticide in a manner inconsistent with its labeling. The courts consider a label to be a legal document. In addition, following labeling instructions carefully and precisely is necessary to ensure safe and efficacious use.

Agricultural Worker Protection Standard

EPA's Worker Protection Standard (WPS) is a regulation aimed at reducing the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers. The WPS is intended to protect over three and a half million people who work with pesticides at over 560,000 agricultural workplaces throughout the U.S., tribal lands, and island territories. WPS contains requirements for pesticide safety training, notification of pesticide applications, use of personal protective equipment, restricted entry intervals following pesticide application, decontamination supplies, and emergency medical assistance. All of these provisions must be complied with during the agricultural production periods. (Additional Information)

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Antimicrobials

Antimicrobial pesticides, such as disinfectants & sanitizers, are pesticides that are intended to "(i) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or (ii) protect inanimate objects (for example floors and walls), industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime." This category does not include certain pesticides intended for food use; but does encompass pesticides with a wide array of other uses. For example, antimicrobial pesticides act as preserving agents in paints, metalworking fluids, wood supports, and many other products to prevent their deterioration. (Additional Information)

Antimicrobials are especially important because many are public health pesticides. They help to control microorganisms (viruses, bacteria, and other microorganisms) that can cause human disease. Antimicrobial public health pesticides are used as disinfectants in medical settings, where they are present in products used in cleaning cabinets, floors, walls, toilets, and other surfaces. Proper use of these disinfectants is an important part of infection control activities employed by hospitals and other medical establishments.

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Pesticide Imports

Import -- In general, pesticides imported for intended for use in the United States must first be registered, before being permitted entry into the US. When importing pesticides or devices to the U.S., the importer must submit to the appropriate EPA Regional Office a Notice of Arrival (NOA) of Pesticides and Devices. The importation of pesticides and devices is governed by FIFRA Section 17(c). There are some exceptions to this prohibition, pursuant to 40 Code of Federal Regulations, Part 152.30, and Pesticide Registration Notice 99-1. Devices that are imported to be used in conjunction with pesticides, although not required to be registered, must not bear any statement, design, or graphic representation that is false or misleading in any particular. Pesticides and devices must be properly labeled in accordance with FIFRA and Title 40 of the Code of Federal Regulations, Section 156. (Additional Information)

Adverse Effects

Section 6(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requires pesticide product registrants to submit adverse effects information about their products to the Office of Pesticide Programs. Regulations and guidance documents have been published by the EPA Office of Pesticide Programs which provide registrants details on what, when and how to report this information.

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